General conditions

General conditions of sale for Live Streaming Auctions and Timed Auctions

1. 6enough.eu is a domain owned by Luigi Bitonto, born in Taranto on 02.05.1961, resident in Taranto in via Federico Di Palma 129, C.F. BTNLGU61E02L049W.
2. 6enough.eu does not own the goods sold during the auctions; 6enough.eu acts as an Agent, representing a Seller who remains legally responsible for what is declared in the catalogs, pursuant to Art. 1704 and ss. cod. civ. Any responsibility pursuant to art. 1476 ss. cod. civ. continues to burden the Sellers of the goods, in their capacity as principals of 6enough.eu
3. The lots put up for sale at auction are to be considered used goods; therefore, the definition of product according to Legislative Decree n. 2006 of 6/9/2005 does not apply to them.
4. All goods included in the auction catalogues may be presented with a purely indicative estimate value; in any case, the hammer price may be lower or higher than it. Any estimates printed on the auction catalogues may be subject to revision and do not include the purchase fee and any subsequent rights. The estimates, the hammer prices, the possible resale right and the commissions to the auction house (+20% on the hammer price) are to be understood net of VAT, which will be applied or not according to the laws in force in Italy and in the European Community.
5. The "Reserve Price" is the minimum (confidential) price at which the Seller has agreed with 6enough.eu to sell the asset at auction; in cases where it is present, the goods will be updated only if the last offer received is not lower than the reserve price. If the last bid is lower than the reserve price, the auctioned lot will not be awarded.
6. All information and images relating to the goods put up for auction, provided by 6enough, do not constitute a guarantee element. 6enough auctions the goods with the formula "seen and liked". However, 6enough is available to provide, on request, further information and images. Therefore, after the award, no disputes are allowed in this regard, nor 6enough.eu or the Seller can be held responsible for defects in the information concerning the goods at auction.
7. If, after the auction, a lot turns out to be a counterfeit, 6enough will reimburse the Buyer, who requests the termination of the sales contract, upon return of the lot, the full amount paid. The obligation to 6enough.eu is subject to the conditions that the Buyer: a. communicates to 6enough.eu in writing: the lot number, the date of the auction at which the goods were purchased and the reasons why they believe they are counterfeited; b. is able to return the goods to 6enough.eu, free from claims or from any third party claims arising after the date of sale and that the goods are in the same condition as they were at the date of sale; c. provides 6enough.eu the reports of two independent scholars or experts of recognized competence, explaining the reasons why the goods are considered to be a counterfeit. 6enough.eu will not be bound by the opinions provided by the Buyer and reserves the right to request the additional opinion of other experts at its own expense. If 6enough.eu decides to terminate the sale, 6enough.eu will have the right to reimburse the Buyer, to a reasonable extent, the costs incurred by the latter to obtain the opinions of the two independent experts and accepted by both 6enough.eu and the Buyer. The possible liability of 6enough.eu towards the Buyer is limited to the Hammer Price and the Purchase Commission, in addition to any Right of Follow-up (once it will be returned by the SIAE), paid by the Buyer at 6enough.eu. Imitations of the liability of 6enough.eu are intended to extend to the Liability of the Seller to the Buyer. Except in the case of willful misconduct or gross negligence, 6enough.eu or its employees, collaborators, directors, or consultants will not be liable for acts or omissions relating to the preparation or conduct of the auction or for any matter relating to the sale of the lots. 6enough.eu will not complete the refund if: d. the description in the catalog, at the date of sale, conforms to the generally accepted opinion of scholars and experts or indicates the authenticity or attribution of the asset as controversial; e. on the date of publication of the catalogue, counterfeited goods could only be established by carrying out analyses generally considered inappropriate for the purpose or difficult to implement, the cost of which was unreasonable or which could reasonably have damaged or otherwise led to a decrease in the value of the good. CLARIFICATION: "counterfeiting" means the imitation of a good offered for sale, not described as such in the auction catalog, created for the purpose of deception about paternity, authenticity, provenance, attribution, origin, source, date, age, period. An asset that has been restored or subjected to modification of any kind (including repainting or overpainting) does not constitute a counterfeit.
8. The goods offered at auction are sold in the state in which they are at the time of display, with every defect and imperfection. Regarding goods of an electrical or mechanical nature, these are not verified before the sale and are purchased by the Buyer at their own risk. As for the watches, the movements are to be considered not overhauled (unless better specified).
9. To participate in an auction held by the 6enough.eu, both online and directly in the hall, it will be necessary to register on the website https://6enough.eu. This profile must be completed with your personal and residence data, as well as with a copy of a valid identification document. In some cases, an additional guarantee may be required, such as the release of credit card details. This information will be processed according to the rules contained in Legislative Decree 196/2003 (Code regarding the protection of personal data). The registration will be subject to scrutiny and the consequent possible acceptance of the 6enough.eu. At its sole discretion, 6enough.eu has the right to refuse anyone from participating in the auctions.
10. Auctions by 6enough.eu may also be published on other websites; 6enough.eu declines all responsibility for technical malfunctions that may occur on its own and on other sites, during auctions; 6enough.eu is also not responsible for errors or difficulties that may arise in carrying out offers via the Internet, including, without limitation, the case relating to errors or failures caused by connection loss, software or computer problems; in case of participation in the auctions of 6enough.eu through other websites, these GENERAL CONDITIONS OF SALE remain valid. It is absolutely forbidden to use any software or tool of any kind to influence or interfere (even potentially) with the auction.
11. In some cases (the indications in this regard will be published on the pages of the relative catalogs) it will be possible to make bids even before the auction begins and up to 24 hours from its start; the bidder, after having authenticated and having accepted these GENERAL CONDITIONS OF SALE, may enter on the site the maximum amount that he will be willing to pay for an object or communicate it by telephone; the system, at the start of the auction, will relaunch, gradually and exclusively in the absence of further offers from other users, up to the threshold established by the bidder himself. Obviously, if his maximum bid is exceeded, the bidder can continue to offer during the live event.
12. 6enough.eu offers its customers the opportunity to participate in the auction by telephone; the bidder must send a written request by email ([email protected]) by midnight of the day before the auction. This service will be guaranteed within the limits of the availability of the phone lines at the time and in order of receipt of requests. For what has been said, it is advisable to report an offer that will allow us to act on your behalf only in the event that it is impossible to contact you.
13. The Auctioneer is solely responsible for what happens during an auction. They can decide to change the order of exit of the lots, cancel some of them, or merge some of them into a single proposal; all this at their sole discretion.
14. Each auction starts from a basic amount, which is the first bid to be confirmed; the raises are preset by 6enough.eu and their increase is generally equal to 10% compared to the previous price.
15. In the case of identical offers received at the same time, the computer system of 6enough.eu will decide. There are no objections in this case.
16. VIP SOLIDARITY AUCTIONS – The "Vip Solidarity Auctions" section on 6enough.eu is dedicated to charity auctions that host personalities from showbusiness, sport, authoritative figures and famous companies. The funds raised during the auctions from this section will be donated to humanitarian organizations.
17. The hammer blow indicates the award of the lot (for timed auctions the lot will be awarded to the last bidder at the end of the auction) and at that time the buyer assumes full responsibility for the purchase. In addition to the hammer price, the buyer must pay 6enough.eu the auction rights, any rights of follow-up and the tax charges provided for by the laws in force.
18. In the event of a dispute between several successful bidders, the disputed object will be, at the sole discretion of the Auctioneer, put on sale again during the auction itself, based on the last bid that led to the dispute and awarded again.
19. AUCTION FEE: the Buyer will pay 6enough.eu for each lot, in addition to the hammer price, an Auction Fee of 20% + VAT (if applicable). If percentages are indicated in the auction catalogue, these will be considered prevalent.
20. 6enough.eu will not accept transfers to third parties of lots already awarded and will hold the Buyer solely responsible for payment. The Buyer must pay the hammer price within 48 hours of the auction price, including auction fees, any follow-up fees and the VAT (if applicable). The following forms of payment are accepted: a. cash, to the extent permitted by current legislation; b. bank transfer; c. electronic payment by PayPal (+5% commission on the total) d. credit/debit card.
21. All payments in the previous point must be made to the corporate and bank references indicated for each auction.
22. In case of non-payment or delay by the Buyer, in whole or in part of the amount due, 6enough.eu has the right to request the termination of the contract, as well as the right to sell the lot on behalf and at the expense of the Buyer, according to Article 1515 of the Civil Code.
23. The reference currency is the Euro. All offers will be expressed in Euros. The payment of the purchased lots must be in Euros. 6enough.eu reserves the right to accept payments in other currencies; in this case, the exchange rate in force at the time of purchase shall prevail.
24. The withdrawal of the purchased lots can be made at the time of payment and in any case within 10 days of the award, and will be by the Buyer. All packaging and shipping costs are charged to the Buyer. The Buyer may personally take over the purchased lots or decide to arrange the transport of the same on their own behalf and at their own expense. 6enough.eu does not carry out transport for the buyers, however, on request, can provide quotes and organize the shipping through specialized companies and / or take care of the packaging of the purchased lots and their delivery to private couriers. The transport will take place in the name and on behalf of the Buyer, who will pay the costs before sending the goods. 6enough.eu will not in any case be responsible for any fact related to the transport itself, for which the Buyer must contact the carrier directly.
25. Before arranging the collection of the lot, please check with 6enough.eu where the good is stored. At the time of collection, the Buyer will be asked for a document certifying their identity. The lots will be delivered to the Buyer or to a person appointed by the Buyer for collection only after payment.
26. The export of capital goods outside the territory of the Italian Republic is subject to the rules provided for by Legislative Decree no. 42 of 22 January 2004. The export of cultural goods outside the territory of the European Union is also subject to the rules outlined in Regulation (EC) No 116/2009 of 18 December 2008 and Commission Implementing Regulation no. 1081/2012. Cultural goods which are the work of an author who is no longer living and who are over 70 years old need a certificate of free circulation to be exported outside Italy and an export license to be exported to countries outside the European Union. Where applicable, the Buyer, and in no case 6enough.eu, is responsible for obtaining the certificate of free movement or the export license. Payment for the lot must in any event be made within the time limits laid down and the denial of the certificate of free movement or of the export licence may not be grounds for cancellation of the award or justify the non-payment or delay in payment of the lot awarded.
27. PROTECTED SPECIES: all lots consisting of or containing parts of plants or animals (e.g. coral, crocodile, ivory, whale bone, turtle), regardless of age and value, may require a permit or certificate before export and require additional licenses or certificates for import into non-EU countries. Please note that having obtained the import license or certificate does not guarantee any license or certificate for export and vice versa. 6enough.eu advise potential buyers to check national legislation regarding the requirements for imports into their country of goods made or containing protected species. It is the Buyer's responsibility to obtain such import or export licenses/certificates, as well as any other required documents prior to making any offer.
28. RESALE RIGHT. On 9 April 2006, Legislative Decree 13 February 2006, no. 118, which, in implementation of Directive 2001/84 / EC, introduced the right of the authors of works of art and manuscripts, and their successors in title, into the Italian legal system, up to the seventieth year following the death of the creator, to receive a fee on the price of each sale of the original subsequent to the first (the so-called "resale right"). The "Resale Right" is due only if the sale price is not less than € 3,000.00. It is determined as follows: a. 4% for the part of the sale price between € 3,000.00 and € 50,000.00; b. 3% for the part of the sale price between € 50,000.01 and € 200,000.00; c. 1% for the part of the sale price between € 200,000.01 and € 350,000.00; d. 0.5% for the part of the sale price between € 350,000.01 and € 500,000.00; e. 0.25% for the part of the sale price exceeding € 500,000.00. 6enough.eu as an auction house, is required to pay the "Resale Right" to the Italian Society of Authors and Publishers (S.I.A.E.). The lots marked with the symbol (®) are subject to the "Resale Right" in the percentage indicated above for a total amount not exceeding € 12,500.00. In addition to the hammer price, the Purchase Commissions and other Expenses, the Buyer undertakes to pay the "Resale Right", which would be up to the Seller to pay on the basis of Article 152, first paragraph, Law 22 April 1941, n. 633.
29. These General Conditions of Sale are tacitly accepted by those who compete in the Auction and are available to anyone who requests them. The Information for Buyers and the General Conditions of Sale may be modified by a notice published on the website https://6enough.eu and / or by an announcement made by the auctioneer before the start of the auction.
30. Pursuant to art. 13 D.Lgs. 196/2003 (code regarding the protection of personal data), 6enough.eu, in its capacity as data controller, informs that the personal data provided will be used, by paper and electronic means, to be able to fully execute the purchase contracts stipulated by the same company, as well as for the pursuit of any other service concerning the corporate purposes of 6enough.eu. The provision of data is strictly necessary for the implementation of the contracts concluded. Registration on the website 6enough.eu allows the latter to send, by email or by post, the catalogs of subsequent auctions and other informative material relating to their activities.
31. These Conditions of Sale are governed by Italian law. Any dispute that may arise in relation to the application, interpretation, and execution of these conditions is exclusively devolved to the Rome Forum.