1. INTRODUCTION AND OBJECT OF THE AUCTIONS
The company Vinee’Ria Srl intends to sell, following the calling of appropriate public auction procedures, its own and others’ property.
The goods can be sold in packages or individually at the sole discretion of the Seller. The auctions will take place exclusively electronically. Therefore, the bidder is required to register on the www.vineeria.it portal
2. AUCTION PROCEDURE AND LOT AWARD
The auction is carried out for a single lot, consisting of a specific bottle or several bottles grouped in packages.
The auction procedure consists in the presentation by any person of a digital offer for an amount at least equal to the base price indicated for each lot.
Each bidder, within the terms indicated above, can make better offers than those previously presented by other bidders.
At the expiry of the deadline set for the single tender, the award will be made.
In case of submission of a single offer, the lot will be awarded to the person who submitted the aforementioned offer, provided it is valid; in the event of submission of more than one valid offer, the lot will be awarded to the person who has made the offer with the highest amount.
The award procedure will be finalized with a specific award notification by the company Vinee’Ria Srl.
If, on the other hand, no valid offers have been received, the auction will be declared empty.
3. METHOD OF SUBMITTING THE OFFERS
The offer can be submitted exclusively in digital format by filling in the appropriate form , following registration on the Portal, within the terms indicated in the Auction Notice.
It should be noted that registration is free of charge and is a necessary condition for participation in the tender; it must also contain, for the purposes of validity, the name, surname, place and date of birth, residential address and tax code (or VAT number in the case of legal persons) of the bidder.
Offers submitted after the deadlines indicated in the announcement will not be accepted. Subsequent offers are also excluded even if formulated within the terms and in the manner established by art. 584 cpc
4. ILLUSTRATIONS OF THE GOODS AND STORAGE
The illustrations, descriptions, as well as values and estimates of the goods do not in any way constitute conventional guarantees or promised qualities pursuant to art. 1490 and 1497 cc.
The descriptive images in the online catalog faithfully represent the lots at auction.
5. DOCUMENTAL INTEGRATION AND EXCLUSION FROM THE COMPETITION
The Vinee’Ria Srl company reserves the right to request from bidders, in addition to what is stated in the registration form, information and documents useful for a correct identification. The aforementioned also reserves the right, at its sole discretion, to prohibit unwelcome or unsuitable bidders from participating in the auction.
6. RIGHT OF WITHDRAWAL AND PENITENTIAL FINE
Pursuant to and for the purposes of the provisions of the European Directive 2011/83 / EU on Consumer Rights, the successful bidder, if a consumer, can exercise the right of withdrawal within 14 days from the conclusion of the contract. In the event that the aforementioned right should be enforced, the withdrawing party must pay the company Vinee’Ria Srl an amount equal to 30% of the value of the asset, to which the purchase commission amount is added (10% of the value of the property), by way of a penitential fine.
If, on the other hand, the successful bidder is not a consumer, the right of withdrawal is excluded.
7. RIGHT OF RESERVES
The company Vinee’Ria Srl reserves, however, at any time of the procedure and until the conclusion of the sale contract, for justified reasons, including the sudden need to allocate the lots in auction for its own use, the right to modify, suspend and / or not to give further course to the acts of the auction procedure and to the award, without the bidders being able to make any claim against him.
8. EXPRESS TERMINATION CLAUSE – PERFORMANCE OF THE ASSET IN EXECUTION OF THE CONTRACT
If following the conclusion of the contract, in execution of the same and prior to the delivery of the goods to the buyer, the goods perish or otherwise be damaged, the contract is considered terminated ipso iure . As a result, the company Vinee’Ria Srl undertakes to return to the buyer, in silence of all his claims, what has been received by way of consideration, as well as by way of auction commission. Therefore, compensation for any further damage is excluded.
9. CONTRACT OF SALE
The sales contract between the company Vinee’Ria Srl and the successful bidder is understood to be concluded at the time of the award, with the consequent birth of the related obligations deriving from the type of contract in question .
It is therefore the responsibility of the successful bidder to provide for the payment of the sum offered in a timely manner and in any case within the term of 5 (five) days, starting from the moment of the award.
In addition to the hammer price, the successful bidder undertakes to pay the seller the VAT and the auction commission – better explained below.
10. AUCTION FEES
In addition to the hammer price of the lot, the buyer must also pay the seller a purchase commission.
The commissions are equal to 10% of the value of the asset plus VAT.
11. PAYMENT
The aforementioned payments must be made, alternatively, through the following methods:
1) in cash at the time of collection of the awarded asset, provided that the amount is equal to or less than € 1,999.99;
2) bank transfer addressed to the company Vinee’Ria Srl – IBAN IT65L0890462870038000001533;
3) credit or debit card;
4) cryptocurrencies, upon agreement with the seller. It is noted, as of now, that only Bitcoin is accepted as a virtual currency.
12. BREACH OF THE CONTRACTOR
In the event of non-fulfillment of the contractor’s obligations, Vinee’Ria Srl may, alternatively, request termination or contractual fulfillment, without prejudice, in any case, to compensation for damage.
13. COLLECTION OR SHIPPING
The lots will be, alternatively, collected from the seller’s premises by the successful bidder or his representative with a special power of attorney or sent, following the conclusion of a transport contract. The cost of shipping is therefore entirely borne by the successful bidder and is added to that relating to the sale.
In the event that the successful bidder opts for the withdrawal of the assets, after 14 days from the award, without the aforementioned having been withdrawn, the company Vinee’Ria Srl will be released from the obligation of custody and, for the effect, will not be responsible for any damage caused to the goods sold. From the aforementioned term, the buyer will also be charged for the deposit costs.
14. GUARANTEE FOR DEFECTS AND DEFECTS
When the successful bidder is a consumer, the guarantee pursuant to art. 129 and ss. of the Consumer Code (Legislative Decree 6 September 2005 n. 206).
If, on the other hand, the successful bidder is not a consumer, the guarantee pursuant to art. 1,490 cc is excluded.
15. STATE OF THE GOODS SUBJECT TO AUCTION
Since, often, the goods object of the auctions are dated bottles, even if the company Vinee’Ria Srl has provided for their correct conservation, it cannot be excluded that the wine may present organoleptic changes with respect to the moment of placing on the market.
This eventuality cannot be ignored by the successful bidder according to ordinary diligence and, consequently, cannot constitute a lack of conformity of the goods.
16. APPLICABLE LAW AND JURISDICTION
The contracts concluded with the company Vinee’Ria Srl are governed in all respects by Italian law.
Any dispute arising from the obligations we are dealing with is the exclusive competence of the Court of Brescia, with the exception of the exclusive forum in favor of the consumer if the successful bidder should be a consumer.