- DEFINITIONSZIONS
Definitions Buyer: the natural or legal person who in relation to the lot makes, in the auction, the highest bid accepted by the auctioneer; Consumer Code: the Legislative Decree of September 6, 2005, No. 2016; Urbani Code: the Legislative Decree of January 22, 2004, No. 42 and its subsequent amendments or additions.
Purchase commission: the fee payable to CHAXI by the Buyer in connection with the purchase of the Lot and calculated as a percentage to the Price, based on the percentage value indicated in the auction catalog or in these General Terms and Conditions of Sale, in addition to any amount payable to CHAXI by the Buyer as VAT or amount in lieu of VAT;
General Terms and Conditions of Mandate: the general terms and conditions of mandate applied to the Seller;
General Terms and Conditions of Sale: these general conditions of sale;
Counterfeiting: in CHAXI's reasonable opinion, an imitation of a lot offered for sale, not described as such in the auction catalog, created for the purpose of deception as to authorship, authenticity, provenance, attribution, origin, source, date, age, period, which on the date of sale was of less value than it would have been had the lot matched the description in the auction catalog. A lot that has been restored or subjected to modification work of any kind (including repainting or overpainting) does not constitute a forgery;
CHAXI: CHAXI GALLERY by Imane Chakhsi, headquartered in Roncadelle (BS), Via Pietro Cismondi No. 15, C.F., VAT No. and registration number with the Brescia Register of Companies 03977760986, BS - 578998;
Total amount due: the Price, plus the Purchase Commission and Expenses;
Mandate: the contract of mandate with representation entered into, from time to time, between CHAXI and the Seller, to which the General Terms and Conditions of Mandate shall apply;
Price: the price at which the lot is awarded at auction by the auctioneer to the Buyer, net of the Purchase Commission;
Reserve: the confidential minimum price at which the Seller has agreed with CHAXI to sell the Lot or, in the absence of agreement between CHAXI and the Seller, an amount equal to seventy-five percent (75%) of the Minimum Presale Estimate;
Website: www.chaxigallery.com;
Expenses: in connection with the purchase of a lot, are all expenses owed by Buyer to CHAXI and include (but are not limited to): taxes of any kind, packaging and shipping costs, costs of recovering any sums owed by the defaulting Buyer, any costs of reproducing the lot or its appraisal and/or authentication, and the right of resale, which Buyer agrees to pay and which would be payable by Seller under Article 152, Section 1, Law No. 633 of April 22, 1941;
Minimum presale estimate: the final minimum estimate at which the lot is offered for sale, whether or not communicated to the Seller.
Seller: the natural or legal person who gives CHAXI, as agent with representation, the exclusive right to offer the lot for sale at auction. In the event that a co-owned property is offered for sale, Seller shall be considered each of the co-owners who shall assume jointly and severally towards CHAXI all obligations arising from the Mandate.
- IMPORTANT INFORMATION FOR BUYERS
CHAXI acts in the name and on behalf of Seller, as Seller's agent with representation and thus as a mere intermediary between Buyer and Seller. Therefore, the sale of the lot is to be considered as having taken place between Buyer and Seller. Potential Buyers are required to consult the Site to view the most up-to-date cataloging of the lots in the catalog.
In some circumstances, CHAXI may print the ownership history of a lot in the auction catalog when it believes that that information will contribute to its study or if it helps to distinguish that lot. However, the identity of the Seller or previous owners may not be made public for a variety of reasons, for example, to respect the Seller's request for confidentiality or because the identity of the previous owner is not known due to the age of the lot.
- 3 Purchase Price and Commission and VAT.
A Purchase Commission will be added to the Lot Price, which the Buyer is required to pay as part of the Total Amount Due.
The purchasing commission is set at the rate of:
24% (19.68 + VAT) of the Lot Price up to the amount of EUR 2,999.99;
22% (18.04 + VAT) for each part of the Price exceeding the amount of EUR 2,999.99 up to the
Up to the amount of 9,999.99 euros;
20% (16.40 + VAT) for each part of the Price exceeding the amount of EUR 9,999.99 up to the
Up to the amount of 59,999.99 euros;
19% (14.82 + VAT) for each part of the Price exceeding the amount of EUR 59,999.99 up to the
Up to the amount of 99,999.99 euros;
18% (14.04 + VAT) for each part of the Price exceeding the amount of EUR 99,999.99 up to the
Up to the amount of 299,999.99 euros;
15% (12.30 + VAT) for each part of the Price exceeding the amount of EUR 299,999.99.
For the auctions of the Wine and Spirits and Comics departments, the Purchasing Commission is set at the fixed amount of 20% (16.40 + VAT).
For auctions in the Watch Department, the buying commission is set at the rate of:
22% (18.03 + VAT) of the Lot Price up to the amount of EUR 99,999.99
20% (16.40 + VAT) for each part of the Price exceeding the amount of euro 99,999.99
For Automotive Department auctions, the buying commission is set at the rate of:
16.47% (13.5 + VAT) of the Lot Price up to the amount of EUR 499,999.99;
13.42% (11 + VAT) for each part of the Price exceeding the amount of EUR 499,999.99.
In the event that, with reference to a specific lot, the percentages indicated in the auction catalog differ from those specified herein, the percentages indicated in the catalog shall prevail.
A Value Added Tax (VAT) may be charged on the Purchase Price and/or Purchase Fee. Please refer to the information regarding VAT, contained in the "Symbols" section below.
In order to harmonize tax procedures among European Union countries, new rules were introduced in Italy effective January 1, 2001, with the extension to Auction Houses of the margin scheme. Art. 45 of Law 342 of November 21, 2000 provides for the application of this regime to sales concluded in execution of commission contracts defined with: (a) private parties; (b) taxable persons who have subjected the transaction to the margin regime; (c) persons who have not been able to deduct the tax pursuant to Art. 19, 19-bis, and 19-bis2 of Presidential Decree 633/72 (who sold the lot exempt under Art. 10, 27-quinquies); (d) persons who benefit from the exemption regime provided for small businesses in their home state. By virtue of the special legislation, in the above cases any VAT tax, or an amount in lieu of VAT, if applicable, is charged by CHAXI. No special symbols will be used to identify lots sold under the margin scheme.
In addition to the Price, the Purchase Fee and other Charges, Buyer agrees to pay to CHAXI, if due, the "resale right" pursuant to Article 144 et seq. of Law No. 633 of April 22, 1941, as amended and supplemented, which would be payable by Seller pursuant to Article 152, paragraph 1, Law No. 633 of April 22, 1941, as amended and supplemented. The "resale right" shall be paid by Buyer in accordance with Article 7 and shall be paid to (S.I.A.E.) by CHAXI. Lots subject to resale right are marked with the symbol (®) in the percentage indicated below for a total amount however not exceeding 12,500.00 euros. The "resale right" is payable only if the sale price is not less than euro 3,000.00. It is determined as follows:
4% for the portion of the sale price between euro 0 and euro 50,000.00;
3% for the portion of the sale price between euro 50,000.01 and euro 200,000.00;
1% for the portion of the sale price between euro 200,000.01 and euro 350,000.00;
0.5% for the portion of the sale price between 350,000.01 euros and 500,000.00 euros;
0.25% for the portion of the sale price exceeding 500,000.00 euros.
During some auctions, a screen may be operating that indicates the updated exchange rates of major foreign currencies at the same time as bids are placed in the auction room. The exchange rates are to be considered indicative only and all bids in the room will be in Euros. CHAXI disclaims all responsibility for any errors and omissions that will appear on said screen. Payment for lots purchased must be in Euros. The equivalent amount may be made in foreign currency provided that it is based on the exchange rate on the day on which payment is made.
In order to safeguard the safety of potential Buyers and Buyers while in our exhibition spaces, CHAXI displays all works in such a way as to not create any hazards. However, in the event that a potential Buyer handles lots on display, this is at his or her sole risk. Some large and heavy lots may be dangerous if handled incorrectly. Should you wish to inspect a lot thoroughly, please seek the assistance of CHAXI personnel. Some lots on display may be marked "please do not touch" or other similar wording. In case you intend to examine these lots, please seek the assistance of CHAXI staff. In any case, except in the case of willful misconduct or gross negligence, CHAXI shall not be liable in any way for any damage suffered by the prospective Buyer, the Buyer, or any of its scholars or independent experts when inspecting the lot.
- BEFORE THE AUCTION
- 1 Estimates published in the catalog
Estimates published in the catalog are only indicative for prospective buyers and are subject to revision. The Price may be higher or lower than the indicated estimates. It is understood that estimates shown in the auction catalog do not include the Buyer's Commission and VAT. Prospective Buyers are requested to consult the Site to view the most current cataloging of lots in the catalog.
The auction catalog may contain the following symbols:
- 0: Minimum guaranteed amount
Where a lot is marked with this symbol the Seller has been guaranteed a minimum amount under one or more auctions.
Where lots are marked with this symbol, ownership belongs in whole or in part to CHAXI.
Indicates the case where bids may also be made on the lot by parties with a direct or indirect interest in the lot, such as a beneficiary or executor who has sold the lot or a co-owner of the lot or a party who has given a security interest in the lot.
Lots illustrated in the catalog that are not marked with this symbol (SR) are understood to be subject to sale with reserve. Generally, the Reserve corresponds to a percentage of the Minimum Presale Estimate and does not exceed this value. In the event that a lot is sold without Reserve, it will be marked with this symbol.
* Right of Follow-up.
For lots marked with this symbol, the Buyer agrees to pay the "Resale Right," which it would be incumbent upon the seller to pay under Article 152, Section 1, Law No. 633 of April 22, 1941, as amended and supplemented, in the amount determined in the "Resale Right" section above.
For lots marked with this symbol, the Price is subject to VAT.
N Lot under temporary importation.
Lot under temporary importation under Article 72 of the Urbani Code or for which temporary importation has been requested.
ID Lot in temporary customs import.
Lots marked with this symbol are subject to VAT (currently equal to a percentage of 10%) on the Price and follow-on duty where applicable for residents of Italy. Any costs associated with the closing of the temporary customs importation are the responsibility of the Buyer.
IA Lot in temporary artistic import.
- The auction
4.1 Conduct of the auction
- 1.1 The auction is governed by the General Terms and Conditions of Sale and the General Terms and Conditions of Warrant. The General Terms and Conditions of Sale may be modified by a notice posted in the auction hall or by an announcement made by the auctioneer prior to the start of the auction. In the event that CHAXI also allows participation in the auction online these changes are also brought to your attention via the Site prior to the start of the auction.
- 1.2 Bids may be made in person by means of a paddle during the auction, by a written bid prior to the auction, by telephone, or via the Internet (in the latter case only if possible in relation to the specific auction).
- 1.3 In the event that the Seller is a professional and the Buyer is a consumer within the meaning of Article 3 of the Consumer Code, sales concluded by means of written, telephone or online offers constitute distance contracts within the meaning and effect of Articles 45 et seq. of the Consumer Code.
- 1.4 The speed of the rod may vary.
- 1.5 The increase in bids is generally ten percent (10%) over the previous one.
- 1.6 At its complete discretion, CHAXI has the right to refuse to allow anyone to participate in the auctions.
- 1.7 With respect to each prospective Buyer, CHAXI reserves the right to make participation in the auction conditional on the production of a letter of bank reference or the deposit of a sum to guarantee the exact fulfillment of the obligations set forth in these General Terms and Conditions of Sale, which will be returned once the auction is concluded.
- 1.8 Anyone bidding at an auction will be considered a party directly interested in the purchase, unless there is a written agreement between the auction participant and CHAXI under which the participant declares that he or she is acting on behalf of a third party who is accepted by CHAXI.
- 1.9 In the event that a person who has been granted the opportunity to bid on a lot has a direct or indirect interest in the lot, such as a beneficiary or executor who has sold the lot, or a co-owner of the lot or another party who has given security for the lot, CHAXI will notify the catalog.
- 1.10 The auctioneer conducts the auction starting with the bid he considers appropriate, depending on the value of the lot and the competing bids. The auctioneer may open the bidding on each lot by placing a bid in the interest of the Seller. The auctioneer may also bid in the interest of the Seller, up to the amount of the Reserve, by placing consecutive bids or in response to other bids.
- 1.11 The hammer blow of the auctioneer determines the acceptance of the highest bid, the Price and, consequently, the conclusion of the contract of sale between the Seller and the Buyer.
- 1.12 he auctioneer may, at his absolute discretion and at any time during the auction:
- Withdraw a lot from the auction;
- Reformulate an offer to sell a lot if it has reason to believe that there is an error
- a dispute; and/or
- take any action it deems appropriate under the circumstances, such as matching or separating lots or changing the order of sale as long as the lot is not offered for auction one day earlier;
- Than that listed in the auction catalog.
- 1.13 A video screen may be operating during some auctions. CHAXI disclaims any responsibility either for matching the image on the screen to the original or for errors in the operation of the video screen.
- 1.14 CHAXI declares that the lot may be the subject of a declaration of cultural interest by the Ministry of Cultural Heritage and Activities and Tourism pursuant to Article 13 of the Urbani Code. In such a case or in the event that proceedings for the declaration of cultural interest pursuant to Article 14 of the Urbani Code have been initiated in relation to the lot, CHAXI will notify the buyer prior to the sale. In the event that the lot has been subject to a declaration of cultural interest, the Seller will report the sale to the competent Ministry pursuant to Article 59 of the Urbani Code. The sale will be subject to the failure of the competent Ministry to exercise the right of pre-emption within the term of sixty (60) days from the date of receipt of the notification, or within the longer term of one hundred and eighty (180) days referred to in Article 61, paragraph 2, of the Urbani Code. During the pendency of the term for the exercise of the right of first refusal, the lot shall not be delivered to the Purchaser in accordance with the provisions of Article 61 of the Urbani Code.
- 1.15 Generally, the Reserve will not exceed the Minimum Pre-sale Estimate announced or published by CHAXI, unless the Reserve is denominated in a currency other than the euro and there are appreciable fluctuations in the exchange rate between the date on which the Reserve was agreed upon and the date of the auction. In such case, unless otherwise agreed between CHAXI and the Seller, the Reserve shall be changed to an amount equal to the equivalent in euros based on the official exchange rate on the day immediately preceding the day of the auction.
- 1.16 Bids "at best," "subject to viewing," or that include lots as an alternative to the one listed are not accepted.
4.2 Offerings in the hall
- 2.1 To participate in the room auction, all potential Buyers must equip themselves-before the auction begins-with a numbered paddle to place their bids.
- 2.2 The numbered paddle will be handed over to the prospective Buyer by CHAXI staff at the registration desk following the presentation of an ID, completion and signature of the appropriate registration form and assignment of the numbered paddle.
- 2.3 By completing and signing the numbered paddle registration and award form, each potential Buyer agrees to the General Terms and Conditions of Sale included in the catalog.
- 2.4 You can also register for the auction during the exhibition days preceding the auction.
- 2.5 It is possible to participate in the auction in the name and on behalf of another individual or legal entity. In this case, appropriate written power of attorney issued by the represented person with an attached identification document of the represented person must be produced when registering for the auction. The auction participant shall be jointly and severally obligated with the third party to CHAXI with respect to all obligations arising from these General Terms and Conditions of Sale. In the event that the represented person is a legal entity, the power of attorney must be signed by the legal representative or an attorney with signatory power, whose identity card must be attached to the power of attorney. CHAXI reserves the right not to have the representative participate in the auction if, in its sole discretion, it deems that the power of representation is not demonstrated.
- 2.6 Numbered paddles are to be used to indicate bids to the auctioneer during the auction.
- 2.7 If a lot is awarded, please make sure that the pallet can be seen by the auctioneer and that it is the number listed therein that has been announced.
- 2.8 Should you have any doubts about the Price or the Buyer, please draw the attention of the auctioneer immediately.
- 2.9 All lots sold will be billed to the name and address issued when the numbered pallet is assigned and cannot be transferred to any other name or address.
- 2.10 Any loss of the paddle should be reported immediately to the assistant auctioneer who will provide the prospective Buyer with a new paddle.
- 2.11 At the end of the auction, the paddle must be returned to the registration desk.
4.3 Written bids
- 3.1 By completing and submitting the appropriate bid form (along with the documents required therein) attached to the auction catalog and uploaded to the Site, written bids can be made.
- 3.2 CHAXI will execute the bids on behalf of the prospective Buyer.
- 3.3 The service is free and confidential.
- 3.4 The bid form must be sent to CHAXI at least twenty-four (24) hours before the auction.
- 3.5 Written offers will be accepted by CHAXI only if they are sufficiently clear and complete,
with particular reference to the lot and the price at which the lot is to be awarded.
- 3.6 In the event that CHAXI receives multiple written bids of equal amount for a specific lot, the lot shall be awarded to the party whose bid is received first by CHAXI.
- 3.7 CHAXI in formulating bids on behalf of the prospective Purchaser shall take into account the Reserve and other bids so as to obtain the award of the lot at the most advantageous Price.
- 3.8 The amounts indicated in the bid form are to be understood as maximum amounts. CHAXI does not accept unlimited or no-amount bids.
- 3.9 Each bid form must contain bids for only one auction. Alternate bids may be accepted if the word "OR" is specified between the number of lots.
- 3.10 After the auction, those who left written bids should promptly check with CHAXI whether their bid was successful.
- 3.11 If a lot is awarded, in the event that the Seller is a professional and the Buyer is a consumer within the meaning of Article 3 of the Consumer Code, the Buyer will not have - in accordance with Article 59, paragraph 1, letter m) of the Consumer Code - the right of withdrawal provided for distance contracts since the sales contract is concluded at a public auction as defined in Article 45, paragraph 1, letter o) of the Consumer Code.
4.4 Telephone Offerings
4.4.1 By completing and submitting the appropriate bid form (along with the documents required therein) attached to the auction catalog and uploaded to the Site, telephone bidding is possible.
- 4.2 The bid form must be sent to CHAXI at least twenty-four (24) hours before the auction.
- 4.3 Upon receipt of the form CHAXI will contact the prospective Buyer by phone at the phone number listed on the form.
- 4.4 In the event that CHAXI is unable, for any reason, to contact the prospective Buyer by telephone, CHAXI may make bids on the Buyer's behalf up to an amount equal to the maximum bid indicated on the form ("Covering Bid"). In this case, CHAXI in formulating bids on behalf of the prospective Purchaser shall take into account the Reserve and other bids, so as to obtain the award of the lot at the most advantageous Price.
- 4.5 CHAXI reserves the right to record telephone bids and assumes no liability, in any capacity whatsoever, to auction participants for problems or inconveniences related to the telephone line (by way of example, for interruption or suspension of the telephone line).
- 4.6 CHAXI does not accept telephone bids referring to lots whose Minimum Presale Estimate listed in the catalog is less than Euro 500.00.
- 4.7 In any case, CHAXI does not accept telephone bids for an amount less than the Minimum Presale Estimate.
- 4.8 CHAXI staff are available to make phone calls in English and French.
- 4.9 If a lot is awarded, in the event that the Seller is a professional and the Buyer is a consumer within the meaning of Article 3 of the Consumer Code, the Buyer will not have - in accordance with Article 59, paragraph 1, letter m) of the Consumer Code - the right of withdrawal provided for distance contracts since the sales contract is concluded at a public auction as defined in Article 45, paragraph 1, letter o) of the Consumer Code.
4.5 Internet offerings
- 5.1 At least seventy-two (72) hours before the date of the auction, CHAXI will announce on the Site and/or in the auction catalog, the auction at which bidding is also possible via the Internet.
- 5.2 When participating in the auction via the Internet, the potential Buyer will have the opportunity to see and hear the auctioneer as well as bid in real time.
- 5.3 Participation in the Internet auction is subject to prior registration on the Site and subsequent registration for the auction at least twenty-four (24) hours prior to the start of the auction.
- 5.4 Upon completion of registration on the Site, each prospective Buyer receives by email a password (which he or she agrees to guard with care and diligence and not to disseminate or communicate to third parties) necessary to access the Site as a registered user and to participate in the auction.
- 5.5 Each registered user is responsible for any activity performed through the Site using his or her login credentials and agrees to immediately notify CHAXI of any misuse of his or her Site login password or loss of password. In this case, CHAXI will notify the registered user of a new Site access password and the previous password may no longer be used to access the Site or to participate in auctions.
- 5.6 CHAXI does not guarantee that the Site will be operational at all times or that there will be no interruptions while participating in the auction or that the Site and/or its server will be free of viruses or any other harmful or potentially harmful material. Therefore, except in cases of willful misconduct or gross negligence, CHAXI is in no way responsible for any technical problems occurring during the auction (such as, but not limited to, slowdowns in Internet browsing or the malfunctioning of the server that manages Internet auction participation).
- 5.7 CHAXI is in no way responsible for any damage or inconvenience suffered as a result of the incorrect use of the Site under these Terms and Conditions.
- 5.8 Each prospective Buyer agrees not to use any software or tool of any kind to influence or interfere (even potentially) with the progress of the auction and agrees to use the Site and any of its applications fairly and in good faith.
- 5.9 If CHAXI has decided to also allow participation in the auction online, these General Terms and Conditions of Sale shall also govern, the bidding for sale and the awarding of lots via the websites/ internet platforms through which bids can be made. The online auction to which these General Terms and Conditions of Sale apply is a public auction (defined by Article 45, paragraph 1, lett. (o) of the Consumer Code as the method of sale in which goods or services are offered by the professional to consumers who participate or are given the opportunity to participate in the auction in person, through a transparent competitive bidding process run by an auctioneer and in which the successful bidder is bound to purchase the goods or services), and is the same public auction in which one can participate in the hall, or by telephone or mediate a written pre-auction bid.
- 5.10 Lots purchased through the Internet are offered and sold by CHAXI acting as an agent with representation for the Seller.
- 5.11 The offer and sale by CHAXI of the lots offered for sale on the Internet constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code and Legislative Decree No. 70 of April 9, 2003, containing the regulation of electronic commerce.
- 5.12 If a lot is awarded, in the event that the Seller is a professional and the Buyer is a consumer within the meaning of Art. 3 of the Consumer Code, the Buyer will not have - pursuant to Art. 59(1)(m) of the Consumer Code - of the right of withdrawal provided for distance contracts because the sales contract is concluded at a public auction as defined in art. 45(1)(o) of the Consumer Code.
4.6 Offers by Employees
- 6.1 CHAXI employees may bid in a CHAXI auction only if the employee is unaware of the Reserve and if he or she bids in full compliance with the internal regulations governing bidding in employee auctions.
- CHAXI's obligations to the purchaser
- 1 CHAXI acts for and on behalf of the Seller, as agent with representation of the Seller, except where it owns all or part of a lot.
- 2 At Buyer's request, CHAXI may provide, at its discretion and for a fee, a written report (condition report) on the condition of the lot.
- 3 In the event that, after the auction sale, a Lot is found to be a Counterfeit, CHAXI shall refund to the Buyer who applies for termination of the contract of sale, upon return of the Lot to CHAXI, the Total Amount Due provided that, not later than five (5) years from the date of the sale, the Buyer:
- notify CHAXI in writing, within three (3) months from the date on which he/she has had notice that leads him/her to believe that the Lot is a Counterfeit, of the Lot number, the date of the auction at which the Lot was purchased, and the reasons why the Buyer believes the Lot is a Counterfeit;
- is able to redeliver the lot to CHAXI, free from claims or claims by third parties that arose after the date of sale, and the lot is in the same condition as it was on the date of sale;
- provide CHAXI with reports from two independent scholars or experts of recognized expertise explaining why the lot is considered a Counterfeit.
- 4 CHAXI reserves the right to proceed to terminate the sale even in the absence of one or more of the above required conditions, in whole or in part.
- 5 CHAXI shall not be bound by the opinions provided by Buyer and reserves the right to seek the additional opinions of other experts at its own expense. In the event that CHAXI decides to terminate the sale, CHAXI shall be entitled to reimburse Buyer, to a reasonable extent, the costs incurred by Buyer in obtaining the opinions of the two independent experts and accepted by both CHAXI and Buyer.
- 6 Buyer shall not have the right to terminate the sales contract and CHAXI will not make a refund if:
- the description in the catalog was in accordance with the generally accepted opinion of scholars and experts on the date of the sale or indicated as controversial the authenticity or attribution of the lot; or
- on the date of the catalog's publication, the counterfeiting of the lot could be ascertained only by conducting analyses that were generally considered unsuitable for the purpose or difficult to carry out, the cost of which was unreasonable, or which could reasonably be expected to damage or otherwise result in a diminution in the lot's value.
- Buyer's obligations and CHAXI's responsibility to buyers
- 1 The Purchaser agrees to examine the lot and relevant documentation prior to purchase for compliance with catalog descriptions and, where appropriate, to seek the opinion of an independent scholar or expert to ascertain its authorship, authenticity, provenance, attribution, origin, date, age, period, cultural origin or source, condition and completeness, quality, including price or value.
- 2 Any written or verbal representations provided by CHAXI, including those contained in the catalog, in reports, comments, or evaluations concerning any character of a lot, such as authorship, authenticity, provenance, attribution, origin, date, age, period, cultural origin or source, condition and completeness, quality, including price or value, reflect opinions only and may be reviewed by CHAXI and, if necessary, modified before the lot is offered for sale. Except for willful misconduct and gross negligence, CHAXI and its employees, contractors, directors, or consultants are not responsible for errors or omissions contained in these representations.
- 3 Lots are sold "as seen and liked," with express exclusion of all warranties for hidden defects and with all gaps, defects, imperfections and errors in description.
- 4 All lots, including those that have - in whole or in part - an electrical or mechanical nature are to be considered solely on the basis of their artistic, decorative and/or collectible value and are not to be considered functional. The operation and safety of lots that have - in whole or in part - an electrical or mechanical nature are not verified prior to sale and are purchased by the Buyer at his or her own risk.
- 5 The descriptions of the catalogs and condition report referred to in Article 5.2 above, are merely indicative and are made for the sole purpose of identifying the lot.
- 6 The lack of explicit references in the catalogs and the condition report regarding the condition of the lot does not imply that the lot is free of imperfections.
- 7 Except in the case of willful misconduct or gross negligence, CHAXI or its employees, contractors, directors, or consultants shall not be liable for acts or omissions relating to the preparation or conduct of the auction or for any matter relating to the preparatory phase of the sale of lots.
- 8 Except in the case of willful misconduct or gross negligence, the liability, if any, of CHAXI or its employees, contractors, directors or consultants to Buyer in connection with Buyer's purchase of a Lot shall be limited to the Price and the Purchase Fee paid by Buyer to CHAXI.
- 9 Descriptions of passenger cars and motorcycles, including their history, age, model, changes in ownership, state of preservation and any restoration processes, technical characteristics, internal and external components, including engine number (matching number or not) and the chassis of the car - in the catalog and/or in the condition report are provided as guidance to the prospective Buyer by CHAXI in good faith on the basis of the Seller's received indications and information, but should not be considered exhaustive and/or verified. All cars and motorcycles-along with the relevant documents accompanying them-should therefore be properly examined by the prospective Buyer in order to fully ascertain their condition. The absence of any indication of a defect, restoration, or presence of a non-original part does not imply that such a defect, restoration, or presence of a non-original part cannot exist. The descriptions of watches and gemstones, including in relation to their condition and any restoration, in the catalog and/or in the condition report are provided for guidance to the prospective Buyer by CHAXI in good faith on the basis of the Seller's received indications and information, but should not be considered exhaustive and/or verified. All watches and gemstones should therefore be properly examined by the prospective Buyer in order to fully ascertain their condition. The absence of any indication of a defect, restoration or presence of a non-original part does not imply that such defect, restoration or presence of a non-original part cannot exist. In the case of wristwatches declared by the manufacturer to be water-resistant, their examination may have required them to be opened: therefore, CHAXI suggests that the Buyer, before using them in conditions where water is present, take them to an authorized center for leak testing. Any straps made of organic material that may be present are associated with pre-sale cases for presentation purposes only: potential Buyers are aware that the importation into foreign countries of materials from endangered species, such as, purely by way of example, turtle and ivory, is subject to international CITES regulations. The prospective Buyer should therefore inform himself adequately at an early stage regarding these restrictions if he intends to bid on a lot containing, even in part, materials of this type.
- 10 In the event of the award of a passenger car and/or a motor vehicle, pursuant to and for the purposes of the relevant laws and regulations as well, the Purchaser undertakes to initiate and manage, through a competent agency indicated by CHAXI, at its own care and expense, the transfer of ownership procedure and/or, if applicable, the registration procedure, no later than fifteen (15) days from the date of the award of the Lot. All subject to the provisions of Article 7.11 below.
- 11 In the event of final export abroad of motor vehicles and/or motorcycles registered in Italy, pursuant to and for the purposes of the relevant legislation and regulations as well, the Buyer undertakes to apply to the competent office for cancellation from the national vehicle archive and from the Public Register of Motor Vehicles, returning the license plate and registration certificate of the Lot no later than 15 (fifteen days) after the award of the Lot.
- Payment
- 1 In the event of an award, Buyer shall pay CHAXI the Total Amount Due immediately - but no later than five (5) days - after the conclusion of the auction.
- 2 In the event that the Lot has been the subject of the declaration referred to in Article 4.1.14 above, the Purchaser agrees to pay the Total Amount due upon the expiration of the time limit for the exercise of preemption by the competent Ministry.
- 3 Invoicing of the Price to Buyer shall be the sole responsibility of Seller.
- 4 Payment of the Purchase Fee and any Fees may be made by cash, cashier's check, bank draft, wire transfer, ATM or Credit Card (American Express, Visa or Mastercard) or Paypal.
- 5 CHAXI can accept single or multiple cash payments only for amounts less than EUR 999.99.
- 6 Bank details for transfers are as follows:
CHAXI GALLERY
bank: BANK BPER OF CHAKHSI IMANE
IBAN number IT16I0538755132000042805949 SWIFT/BIC number BPMOIT22XXX
- 7 In the case of a transfer, the reason for the transfer must include the name and surname of the Buyer and the invoice number.
- 8 Payment by ATM, American Express, Visa or Mastercard can be arranged only by the cardholder or, in the case of payment by PayPal, by the holder of the relevant account.
- 9 CHAXI reserves the right to check the origin of payments received and not to accept payments received from persons other than the Buyer.
- 10 In limited circumstances, and in any case subject to Seller's consent, CHAXI may grant Buyers whom it deems reliable the option of paying for lots at deferred intervals. The terms of deferred payment shall be determined prior to the sale. Before determining whether or not to grant deferred payments, CHAXI may ask for references on the Buyer's reliability and documentation of the Buyer's identity and residence.
- 11 Also pursuant to and in accordance with the provisions of Article 1523 of the Civil Code, the transfer of ownership of the Lot from the Seller to the Buyer shall take place only upon payment by the Buyer of the Total Amount Due.
- 12 In the event of non-payment or delayed payment by the Buyer - within the term set forth in Article 7.1. above - in whole or in part, of the Total Amount Due, CHAXI shall have the right, at its own option, to demand performance or to terminate the sales contract in accordance with Article 1456 of the Italian Civil Code, without prejudice in any case to the right to compensation for damages, as well as the right to have the Lot sold on behalf of and at the expense of the Buyer, in accordance with Article 1515 of the Italian Civil Code.
- 13 In the event of delay in payment of the Total Amount Due for a period exceeding five (5) business days from the date of the Auction, CHAXI may deposit the Lot with a third party custodian at Buyer's risk and expense. As well as to charge Buyer and retain to its credit default interest in an amount equal to the statutory rate of 3-month Euribor plus a spread of five percent (5%), subject to CHAXI's right to compensation for additional damages.
- 14 In the event of non-payment or late payment by Buyer, CHAXI may reject any bid made by Buyer or Buyer's representative at subsequent auctions or require Buyer to deposit a sum of money, as security, before accepting bids.
- 15 CHAXI shall have the right to set off any amount due, for any reason, to Buyer against any amount due by Buyer, for any reason, to CHAXI.
- 16 Checkout hours: Monday - Friday 10 a.m. - 1 p.m.; 2 p.m. - 5:30 p.m.
- Lot delivery and pickup
- 1 Delivery of the lot will take place at CHAXI's office no later than five (5) working days from the day of the award.
- 2 The Lot will be delivered only upon payment of the Total Amount due to the Purchaser or to a third party with a written power of attorney issued by the latter.
- 3 Upon delivery of the lot, CHAXI will request proof of identity from the Buyer or the uploaded third party.
- 4 Before arranging to pick up the lot, please check with CHAXI where the lot is stored.
- 5 In the event of the death, interdiction, incapacitation, extinction/termination, for any reason whatsoever, of Buyer, duly notified to CHAXI, CHAXI shall agree to redeliver the Lot upon the agreement of all of Buyer's successors in title or in the manner determined by the judicial authority.
- 6 If Buyer fails to pick up the lot within five (5) business days from the day of sale, CHAXI shall have the right to:
(a) Charge the Buyer an amount equal to one percent (1%) of the Price for each month the lot is delayed in collection, beginning on the fifth business day following the sale; or
(b) Deposit the lot with a third-party depository at Buyer's risk and expense.
- Risk transfer
- 1 A purchased lot is entirely at the Buyer's risk as of the earliest of those dates on which the Buyer:
(a) Takes delivery of the purchased lot; or
(b) Pay the total Amount due for the lot; i.e.
(c) from the date on which the payment period of five (5) working days from the day of
Of the award.
- 2 The Buyer shall be compensated for any loss or damage to the lot occurring after the sale but before the transfer of risk, but compensation shall not exceed, except in the case of willful misconduct or gross negligence, the Price in addition to the Purchase Commission received by CHAXI.
- 3 Except in the case of willful misconduct or gross negligence, in no event shall CHAXI assume responsibility for loss or damage caused to frames or glass containing or covering prints, paintings, or other works unless the frame or/and glass constitute the lot sold at auction.
- 4 In no event shall CHAXI be liable for loss or damage occurring as a result of any work (including restoration work, frame work, and cleaning work) by independent experts engaged by CHAXI with the consent of Seller for loss or damage caused by or resulting directly or indirectly from:
(a) changes in humidity or temperature;
(b) Normal wear and tear or gradual deterioration resulting from work on the lot and/or defects or flaws
occult (including woodworm);
(c) processing errors;
(d) war, nuclear fission, radioactive contamination, chemical, biochemical, or electro-
magnetic;
(e) acts of terrorism; and (f) other force majeure events.
- Shipping
- 1 Upon Buyer's written request, CHAXI may arrange packing and shipping of the lot provided that Buyer:
Has fully paid the Total Amount due;
provide CHAXI with any certificates of free movement or export licenses or any possible attestation and/or certification required for this purpose.
- 2 Balance different agreement with Buyer:
- packing and shipping costs shall be borne and cared for by the Purchaser who may request, at least twenty-four (24) hours before the start of the auction, cost estimates if he intends to entrust CHAXI with the packing and shipping of the lot;
- insurance coverage to cover the risk of loss and/or damage (even partial) that the lot may suffer during transport shall be agreed between the Buyer and the carrier without any liability for CHAXI;
- The cost of insurance coverage will be at Buyer's expense.
- 3 Packing and shipment of the lot to Buyer is entirely at Buyer's risk and expense, and CHAXI assumes no responsibility for actions or omissions of packers or transporters.
- Export from the territory of the Italian Republic
- 1 The export of cultural goods outside the territory of the Republic of Italy is subject to the discipline provided by the Urbani Code. The export of cultural goods outside the territory of the European Union is also subject to the discipline provided by EC Regulation No. 116/2009 of December 18, 2008 and EU Commission Implementing Regulation No. 1081/2012.
- 2 The export from the territory of the Italian Republic of a lot may be subject to the issuance of a certificate of free movement or an export license.
- 3 The issuance of the certificate of free circulation or and/or export license is the responsibility of the Buyer. Failure to issue or delay in issuing the certificate of free movement and/or the export license shall not constitute a cause for termination or cancellation of the sale, nor shall it justify late payment by the Buyer of the Total Amount Due.
- Protected species
- 1 All lots consisting of or containing plant or animal parts (e.g., coral, crocodile, ivory, whalebone, turtle), regardless of age and value, may require a license or certificate prior to export and require additional licenses or certificates for import into Extra-EU countries. Please note that having obtained a license or certificate in import does not guarantee any license or certificate for export and vice versa. CHAXI advises prospective Buyers to check their own legislation about the requirements necessary for importing goods made of or containing protected species into their country. It is the Buyer's responsibility to obtain such import or export licenses/certificates, as well as any other required documents before making any offer. Please refer to Article 11 of the General Conditions of Sale.
- Sample terminology
- 1 Please pay attention to the following sample terminology:
- "MICHELANGELO MERISI" In CHAXI's opinion work by the artist (when the first name of the artist is not known whether the surname is preceded by a series of asterisks, or by an initial or not, it indicates that the work is by the named artist).
- "ATTRIBUTED TO MICHELANGELO MERISI" It is CHAXI's opinion that it is probably the work of the artist, but with less certainty than in the previous category.
- "BOTTEGA DI MICHELANGELO MERISI" In CHAXI's opinion it is by an unknown hand from the artist's workshop, which may have been executed under the artist's direction.
- "CERCHIA DI MICHELANGELO MERISI" In CHAXI's opinion a work of unidentified, but distinct hand; closely associated with the above artist, but not necessarily his pupil.
- "STYLE OF/SEGUACE OF MICHELANGELO MERISI" In CHAXI's opinion work of a painter working in the style of the artist, contemporary or near-contemporary, but not necessarily his pupil.
- "MANIERA DI MICHELANGELO MERISI" In CHAXI's opinion a work in the style of the artist of the later period.
- "BY MICHELANGELO MERISI" In CHAXI's opinion a copy of a known painting by the artist.
- "IN STYLE..." In CHAXI's opinion work in the style mentioned while being executed in a later period.
- 2 The term signed and/or dated and/or inscribed means that in CHAXI's opinion the signature and/or date and/or inscription is by the artist's hand.
- 3 The term bearing signature and/or date and/or inscription means that in CHAXI's opinion these appear to be added or by another hand.
- 4 The dimensions given are, in order, height, base, and possibly depth.
- 5 Paintings and photographs are not intended to be framed unless otherwise specified.
- Contact
- 1 Prospective Buyer and Buyer may request any information and/or send communications and/or file complaints by contacting CHAXI by the following means:
(I) by completing and submitting the form available in the "Contact Us" section of www.chaxigallery.com;
(II) by mail, writing to CHAXI GALLERY, Via Pietro Cismondi, 15 - 20154 - Roncadelle (BS), Italy;
(III) at the following telephone number: (+39) 030 4195899
(IV) at the following number for whatsapp (+39) 3287188597.
- 2 CHAXI will respond to complaints submitted within five (5) business days of their receipt.
- 3 For assistance while participating in the online auction, you may contact CHAXI at the following email address: [email protected]
or at the following telephone number: +39 030 4195899.
- Legal and conformity warranty
- 1 Assuming that the Seller is a professional and the Buyer is a consumer within the meaning of Article 3 of the Consumer Code and that the lot awarded may be considered a "consumer good" within the meaning of Articles 128 et seq. of the Consumer Code, the legal warranty of conformity provided for in Articles 128-135 of the Consumer Code (Legal Warranty) shall apply to said lots - sold through CHAXI.
- 2 The Legal Warranty is reserved for consumers. It, therefore, applies, only to those who have purchased a lot for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.
- 3 The Seller shall be liable to the consumer Buyer for any lack of conformity existing at the time of delivery of the "consumer good" lot that becomes apparent within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered. Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the product shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the defect of conformity. From the seventh month after delivery of the product, on the other hand, it will be the consumer's burden to prove that the lack of conformity already existed when the product was delivered. Therefore, in order to take advantage of the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the lot. It is advisable, therefore, that the consumer, for the purpose of such proof, keep the order confirmation or purchase invoice, or the DDT or any other document that can attest to the date the purchase was made and the date of delivery.
- 4 Defect of conformity of a lot is referred to in Article 129, paragraph 2, of the Consumer Code. Excluded from the scope of application of the Legal Warranty are any defects caused by accidental facts or by the responsibility of the consumer Buyer or of the lot differing from its intended use. In this regard, it should be noted that all lots, including those that have - in whole or in part - an electrical or mechanical nature are to be considered only on the basis of their artistic, decorative and/or collector's value and are not to be considered functional.
- 5 In the event of a lack of conformity duly reported within the terms, the Consumer Buyer shall be entitled: (i) as a primary remedy, to repair or replacement of the lot free of charge, at his or her option, unless the remedy sought is objectively impossible or excessively onerous compared to the other remedy; (ii) as a secondary remedy (i.e., where repair or replacement is impossible or excessively onerous or where repair or replacement has not been made within a reasonable time or where repair or replacement previously made has caused significant inconvenience to the consumer) to a price reduction or termination of the contract, at his or her option. The remedy sought is excessively onerous if it imposes unreasonable expenses on the Seller in comparison with the alternative remedies that can be exhausted, taking into account (i) the value that the lot would have if there were no conformity defect; (ii) the extent of the conformity defect; and (iii) whether the alternative remedy can be exhausted without significant inconvenience to the consumer.
- 6 In the event that the Lot, during the term of the Legal Warranty, manifests what may be a conformity defect, the consumer Buyer may contact CHAXI at the number indicated in Article 14. CHAXI will promptly acknowledge the communication of the alleged conformity defect and indicate to the consumer the specific procedure to be followed.
- Applicable law and jurisdiction
- 1 These General Conditions of Sale are governed by Italian law.
- 2 Any dispute relating to the application, execution and interpretation of the General Conditions of Sale shall be settled by the Court of Milan.
- 3 It is without prejudice to the application to Buyers who are consumers within the meaning of Article 3 of the Consumer Code who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence. Any dispute relating to the application, execution and interpretation of the General Conditions of Sale shall be subject to the jurisdiction of the court of the place where the Consumer Buyer resides or has elected domicile.
- 4 The Consumer Buyer who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at eur-lex.europa.eu.
- 5 Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, CHAXI informs the user who holds the status of consumer under Article 3, paragraph 1, lett. (a) of the Consumer Code, that, in the event that he or she has submitted a complaint directly to CHAXI, as a result of which it has nevertheless not been possible to resolve the dispute thus arising, CHAXI will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (cc.dd. ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself. CHAXI also informs the user who qualifies as a consumer under Article 3(1)(a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at http:// ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.
- Information on the processing of personal data
- 1 Pursuant to Article 13 of Regulation (EU) No. 2016/679 ("GDPR"), CHAXI - as the data controller (hereinafter, also, "Data Controller") - informs you that the personal data ("Data") you provide to CHAXI will be processed lawfully and fairly by CHAXI mainly with the help of electronic, automated and/or video recording means (in the manner and with the tools suitable to ensure the security and confidentiality of the Data) for: (a) functional needs for the execution of contracts to which you are a party or for the adoption of pre-contractual measures taken at your request, (b) management needs of the relationship with sellers and buyers (such as, e.g., administration of sales proceeds, invoices, shipments), (c) audits and evaluations on the auction relationship as well as on the risks associated with it, (d) for fulfillment of tax, accounting, legal and/or provisions of public bodies obligations, or, (e) for purposes provided for in the current anti-money laundering regulations pursuant to Legislative Decree. 231/2007 and subsequent amendments, (f) with reference to video surveillance systems, for purposes of protection of personal safety and protection of corporate assets, (g) for the establishment, exercise or defense of a right in court, (h) for sending commercial communications on products and services similar to those already purchased (c.d. "soft spam"), (i) with your consent, for sending advertising and informational material about CHAXI's products and services by means of automated systems, such as e-mail, fax, sms, MMS and Whatsapp or by means of the postal service or telephone calls with an operator, (l) to carry out profiling activities aimed at carrying out the activities referred to in the previous points (h) and (i).
- 2 The provision of Data for the purposes referred to in Article 17.1, letters (a), (b), (d), (e), does not require your consent as it is necessary for the Data Controller to fulfill its contractual and legal obligations to which it is subject, pursuant to Article 6 paragraph 1, letters (b) and (c) of the GDPR.
- 3 The processing of Data for the purposes referred to in Article 17.1, letters (c), (f), (g), (h), does not require your consent, as it is necessary for the pursuit of the legitimate interest of the Data Controller in accordance with Article 6(1)(f) of the GDPR.
- 4 On the other hand, the processing of Data for the purposes set forth in Article 17.1 (i) and (l) requires your consent, pursuant to Article 6 (1) (a) of the GDPR. The provision of such Data for the aforementioned purpose is optional; failure to provide it will only result in CHAXI being unable to carry out the indicated activities. For these purposes CHAXI will collect your consent by electronic and/or paper means, for example through the Site or the appropriate forms.
- 5 The provision of Data is optional. However, failure to provide Data for the purposes (a) to (g) will result in the inability to participate in the auction or the proper fulfillment of CHAXI's obligations; failure to provide Data for the purposes (h) to (l) will only result in the inability of CHAXI to carry out the indicated activities.
- 6 The Data will be processed by employees or contractors of CHAXI as persons authorized to process the Data.
- 7 Your Data may also be disclosed to the following parties, who will either be designated by CHAXI as data processors or will act as independent data controllers:
- all those entities (including Public Authorities) that have access to personal data by virtue of regulatory or administrative measures;
- to companies or third parties in charge of printing, enveloping, shipping and/or delivery services for the purchased lots;
- to post offices, couriers or shippers responsible for delivery of purchased lots;
- to companies, consultants, or professionals who may be responsible for installing, maintaining, updating, and generally managing CHAXI's hardware and software, or whose services CHAXI uses, including the Site;
- to companies or Internet providers in charge of sending documentation and/or informative or advertising material; (f) to companies in charge of processing and/or sending advertising and informative material on behalf of CHAXI;
- to all those public and/or private entities, individuals and/or legal entities (legal, administrative and tax consulting firms, Judicial Offices, Chambers of Commerce, Chambers and Offices of Labor, etc.), if the communication is necessary or functional for the proper fulfillment of the obligations incumbent on CHAXI.
- Your Data will be processed and disseminated, only in anonymous and aggregate form, for statistical or research purposes.
- 8 The Data Controller is CHAXI GALLERY di Imane Chakhsi, located at Via Pietro Cismondi 15 (25030), Roncadelle (BS), to whom you can address instances and requests regarding the processing of Data by writing to the email address [email protected]. The updated list of any data processors is available, upon written request, at CHAXI's offices.
- 9 The Data will be retained for a maximum period of time equal to the period of prescription of CHAXI's actionable rights, as applicable from time to time. Where Data is processed for the marketing and profiling purposes referred to in (i) and (l), it will be retained for a maximum period of time equal to 24 and 12 months, respectively. Images collected through video surveillance systems shall be retained for a period of time not exceeding 24 hours after their collection, subject to special requirements for further storage in connection with holidays or closure of offices or in the event that it is necessary to adhere to a specific investigative request of the judicial authority or judicial police. 17.10 Pursuant to Article 13 and Articles 15 et seq. of the GDPR, you have the right, among other things, to:
(a) Obtain confirmation of whether or not personal data concerning him or her is being processed;
(b) if a processing is in progress, obtain access to the Data and information related to the processing, and request a copy of the personal data;
(c) Obtain rectification of inaccurate Data or supplementation of incomplete Data;
(d) Obtain, if one of the conditions set forth in Article 17 of the GDPR exists, to delete the Data concerning you;
(e) Obtain, in the cases provided for in Article 18 of the GDPR, the limitation of processing;
(f) receive, if the conditions set forth in Article 20 of the GDPR are met, the Data concerning you in a structured, commonly used and machine-readable format and request their transmission to another data controller, if technically feasible;
(g) object, at any time, in whole or in part, to the processing of Data carried out for marketing purposes. Opposition to processing exercised through automated means of contact also extends to the sending of commercial communications by postal service or telephone calls with an operator, without prejudice to the possibility of exercising this right in part, opposing, for example, only processing carried out through automated communication systems;
(h) object, at any time, to the processing of Data carried out in pursuit of a legitimate interest of the Data Controller, provided that there are no legitimate grounds for processing that override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of a legal claim;
(i) revoke consent at any time, without any prejudice to the lawfulness of the processing performed by reason of the consent given before revocation;
(j) file a complaint with the Garante per la protezione dei dati personali, in the manner indicated on the website of the Garante accessible at www.garanteprivacy.it.
The above rights can be exercised with a request to the Holder by e-mail to the following address: [email protected]