Conditions of Sale
Cambi Casa d’Aste S.r
l. will be, hereinafter, referred to as “Cambi”.
1 Sales will be awarded to the highest bidder and it is
understood to be in “cash”.
Cambi acts as an agent on an exclusive basis in its name but on
behalf of each seller, according to article 1704 of the Italian Civil
Code. Sales shall be deemed concluded directly between the
seller and the buyer; it follows that Cambi does not take any
responsibility towards the buyer or other people, except for
those concerning its agent activity. All responsibilities pursuant
to the former articles 1476 and following of the Italian Civil
Code continue to rest on the owners of each item.
The Auctioneer’s hammer stroke defines the conclusion of the
sales contract between the seller and the buyer.
2 The goods on sale are considered as second-hand goods,
put up for sale as antiques. As a consequence, the definition
given to the goods under clause 3 letter “e” of Italian
Consumer’s Code (D. Lgs. 6.09.2005, n. 206) does not apply
3 Before the beginning of the auction, an exposition of the
items will take place, during which the Auctioneer and his
representatives will be available for any clarifications. The
purpose of this exposition is to allow a thorough evaluation of
authenticity, attribution, condition, provenance, origin, date,
age, type and quality of the lots to be auctioned and to clarify
any possible typographical error or inaccuracy in the catalogue.
If unable to take direct vision of the objects is possible to
request condition reports (this service is only guaranteed for
lots with estimate more than € 1.000).
The person interested in buying something, commits himself,
before taking part to the action, to analyze it in depth, even
with the help of his own expert or restorer, to be sure of all
the above mentioned characteristics.
No claim will be accepted by Cambi after the sale, nor Cambi
nor the seller will be held responsible for any defect concerning
the information of the objects for sale.
4 The objects of the auction are sold in the conditions in
which they are during the exposition, with all the possible
defects and imperfections such as any cracks, restorations,
omissions or substitutions. These characteristics, even if not
expressly stated in the catalog, can not be considered
determinants for disputes on the sale.
Antiques, for their own nature, can have been restored or
modified (for example over-painting): these interventions
cannot be considered in any case hidden defects or fakes.
As for mechanical or electrical goods, these are not verified
before the selling and the purchaser buys them at his own risk.
The movements of the clocks are to be considered as non
5 The descriptions or illustrations of the goods included in
the catalogues, leaflets and any other illustrative material, have
a mere indicative character and reflect opinions, so they can be
revised before the object is sold.
Cambi cannot be held responsible for mistakes or omissions
concerning these descriptions nor in the case of hypothetical
fakes as there is no implicit or explicit guarantee concerning
the objects for sale.
Moreover, the illustrations of the objects in the catalogues or
other illustrative material have the sole aim of identifying the
object and cannot be considered as precise representations of
the state of preservation of the object.
6 For ancient and 19th century paintings, Cambi guarantees
only the period and the school in which the attributed artist
lived and worked.
Modern and Contemporary Art works are usually accompanied
by certificates of authenticity and other documents indicated
in the appropriate catalogue entries. No other certificate,
appraisal or opinion requested or presented after the sale will
be considered as valid grounds for objections regarding the
authenticity of any works.
7 All information regarding hall-marks of metals, carats and
weight of gold, diamonds and precious colored gems have to
be considered purely indicative and approximate and Cambi
cannot be held responsible for possible mistakes in those
information nor for the falsification of precious items. Cambi
does not guarantee certificates possibly annexed to precious
items carried out by independent gemological laboratories,
even if references to the results of these tests may be cited as
information for possible buyers.
8 As for books auctions, the buyer is not be entitled to
dispute any damage to bindings, foxing, wormholes, trimmed
pages or plates or any other defect not affecting the integrity of
the text and/or the illustrations, nor can he dispute missing
indices of plates, blank pages, insertions, supplements and
additions subsequent to the date of publication of the work.
The abbreviation O.N.C. indicates that the work has not been
collated and, therefore, its completeness is not guaranteed.
9 Any dispute regarding the hammered objects will be
decided upon between experts of Cambi and a qualified
expert appointed by the party involved and must be submitted
by registered return mail within fifteen days of the stroke and
Cambi will decline any responsibility after this period.
A complaint that is deemed legitimate will lead simply to a
refund of the amount paid, only upon the return of the item,
excluding any other pretence and or expectation.
If, within three months from the discovery of the defect but
no later than five years from the date of the sale, the buyer
has notified Cambi in writing that he has grounds for believing
that the lot concerned is a fake, and only if the buyer is able
to return such item free from third party rights and provided
that it is in the same conditions as it was at the time of the sale,
Cambi shall be entitled, in its sole discretion, to cancel the sale
and disclose to the buyer the name of the seller, giving prior
notice to him.
Making an exception to the conditions above mentioned,
Cambi will not refund the buyer if the description of the object
in the catalogue was in accordance with the opinion generally
accepted by scholars and experts at the time of the sale or
indicated as controversial the authenticity or the attribution
of the lot, and if, at the time of the lot publication, the forgery
could have been recognized only with too complicated or too
expensive exams, or with analysis that could have damaged the
object or reduced its value.
10 The Auctioneer may accept commission bids for objects at
a determined price on a mandate from clients who are not
present and may formulate bids for third parties. Telephone
bids may or may not be accepted according to irrevocable
judgment of Cambi and transmitted to the Auctioneer at the
bidder’s risk. These phone bids could be registered.
11 The objects are knocked down by the Auctioneer to the
highest bidder and if any dispute arises between two or more
bidders, the disputed object may immediately put up for sale
again starting from the last registered bid.
During the auction, the Auctioneer at his own discretion is
entitled to: withdraw any lot, make bids to reach the reserve
price, as agreed between Cambi and the seller, and take any
action he deems suitable to the circumstances, as joining or
separating lots or changing the order of sale.
12 Clients who intend to offer bids during the auction must
request a “personal number” from the staff of Cambi and this
number will be given to the client upon presentation of IDs,
current address and, possibly, bank references or equivalent
guarantees for the payment of the hammered price plus
commission and/or expenses. Buyers who might not have
provided ID and current address earlier must do so immediately
after a knock down.
Cambi reserves the right to deny anyone, at its own discretion,
the entrance in its own building and the participation to the
auction, and to reject offers from unknown or unwelcome
bidders, unless a deposit covering the entire value of the
desired lot is raised or in any case an adequate guarantee is
After the late or nonpayment from a purchaser, Cambi will
have the right to refuse any other offer from this person or his
representative during the following auctions.
13 The commissions due to Cambi by the buyer are 25% of
the hammer price of each lot up to an amount of € 400.000
and 21% on any amount in excess of this sum, including VAT. + 3% for the Live sales.
Any other taxes or charges are at the buyer’s expenses.
14 The buyer must make a down payment after the sale and
settle the residual balance before collecting the goods at his or
her risk and expense not later than ten days after the knock
down. In case of total or partial nonpayment of the due amount
within this deadline, Cambi can:
a) return the good to the seller and demand from the buyer
the payment of the lost commission;
b) act in order to obtain enforcement of compulsory payment;
c) sell the object privately or during the following auction in
the name and at the expenses of the highest bidder according
to article 1515 of the Italian Civil Code, with the right of the
compensation for damages.
After the above mentioned period, Cambi will not be held
responsible towards the buyer for any deterioration and/
or damage of the object(s) in question and it will have the
right to apply, to each object, storage and transportation fees
to and from the warehouse according to tariffs available on
request. All and any risks to the goods for damage and/or loss
are transferred to the buyer upon knock down and the buyer
may have the goods only upon payment, to Cambi, of the
Knock down commissions and any other taxes including fees
concerning the packing, handling, transport and/or storage of
the objects involved.
15 For objects subjected to notification from the State, in
accordance to the D.Lgs. 22.01.2004 n. 42 (c.d. Codice dei Beni
Culturali) and following changes, buyers are beholden by law to
observe all existing legislative dispositions on the matter and, in
case the State exercises its pre-emptive right, cannot expect
from Cambi or the vendor any re-imbursement or eventual
interest on commission on the knock down price already paid.
The export of lots by the buyers, both resident and not
resident in Italy, is regulated by the above mentioned law and
the other custom, financial and tax rules in force. Export of
objects more than 50 years old is subject to the release of an
export license from the competent Authority.
Cambi does not take any responsibility towards the purchaser
as for any possible export restriction of the objects knocked
down, nor concerning any possible license or certificate to be
obtained according to the Italian law.
16 For all object including materials belonging to protected
species as, for example, coral, ivory, turtle, crocodile, whale
bones, rhinoceros horns and so on, it is necessary to obtain a
CITES export license released by the Ministry for the
Environment and the Safeguard of the Territory.
Possible buyers are asked to get all the necessary information
concerning the laws on these exports in the Countries of
17 The “Droit de Suite” will be paid by the seller (Italian State
Law n. 663, clause 152, April 22, 1941, replaced by Decree n.
118, clause 10, February13, 2006).
18 All the valuations indicated in the catalogue are expressed
in Euros and represent a mere indication. These values can be
equal, superior or inferior to the reserve price of the lots
agreed with the sellers.
19 These Sales Conditions, regulated by the Italian law, are
silently accepted by all people talking part in the auction and are
at everyone’s disposal. All controversies concerning the sales
activity at Cambi are regulated by the Court of Genoa.
20 According to article 13 D.Lgs. 196/2003 (Privacy Code),
Cambi informs that the data received will be used to carry out
the sales contracts and all other services concerning the social
object of Cambi S.r.l.. The attribution of the data is optional but
it is fundamental to close the contract. The registration at the
auctions gives Cambi the chance to send the catalogues of the
following auctions and any other information concerning its
21 Any communication regarding the auction must be done by
registered return mail addressed to:
Cambi Casa d’Aste
Castello Mackenzie - Mura di S. Bartolomeo 16
16122 Genova - Italy
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