Armes et armures anciennes rares et fines et Militaria

Vendredi 10 juin 2022

à 10h00 (lots 1 - 254)

à 14h00 (lots 255 - 533)

Czerny's

Piazza Vittorio Veneto 17

Sarzana (La Spezia)

Italie

Exposition

Du lundi⁶ au jeudi⁹ juin

De 9.00 à 13.00 heures, de 15.00 à 18.00 heures.

1. General terms of sale: These general terms of sale are aimed at buyers and suppliers of

Czerny’s International Auction House (hereinafter referred to as Czerny’s Auction House);

these terms are available in the Auction Room, listed in the catalogue relating to each

auction and published on the auction house’s official website www.czernys.com under the

following URL: www.czernys.com/condizioni-di-vendita/. Taking part in auctions implies

full acceptance of these terms, without any exceptions or reserves. Buyers and sellers are required,

if requested, to sign these terms prior to entering into any contractual commitments.

2. Nature of the agreement: Czerny’s International Auction House S.r.l. operates in the

name and on behalf of the legitimate owners of items offered at auctions: it does not oblige

nor acquire rights in its own right and the effects of the agreement occur directly between

the buyer and seller. Czerny’s Auction House does not assume any obligation or liability

other than those deriving from its status as agent and with the reservations and clarifications

set out below in respect of sellers, buyers or third parties.

3. Sellers’ identity: Czerny’s Auction House protects the confidentiality of sellers’ identity

and personal data; it is not obliged to provide this information to successful bidders, except

in cases where a dispute concerning the purchased item arises. This without prejudice to

the possibility of processing personal data for the purposes in the context of Anti-Money

Laundering.

4. Description and display of items: Presentation, descriptions and photographs of items

contained in the auction catalogue and on the portal www.czernys.com, despite being expressions

of the best knowledge and skills of experts appointed by the Czerny’s Auction House,

their sole purpose is to identify lots. Under no circumstances shall any incompleteness or

errors in descriptions or, in particular, the failure to identify defects or imperfections (such

as: breakages, restorations, deficiencies or substitutions), constitute grounds for claims

or disputes subsequent to the sale. In order to allow buyers to examine each individual

lot and to personally verify its properties, each auction is preceded by an exhibition open

to the public for at least two consecutive days, according to the times shown on-site and

published on the auction house’s official website www.czernys.com and in accordance with

any limitations imposed by the Authorities on health protection. Prior to the launch of an

auction, the Sales Manager will be available to provide any useful explanations regarding

items which, upon agreement with Czerny’s Auction House, can be examined by any means

of investigation that do not cause damage to them and that do not affect the possibility of

being examined by other interested parties. Buyers who make one or more bids without

a prior personal inspection of the lot, but bid based only on photographs, the catalogue

description and the form published on the website www.czernys.com, do so at their own risk.

It must be understood that, unless otherwise specified, all items sold at auction are used and

in such conditions as sold, with all possible defects and imperfections that may arise, such

as breakages, restorations, deficiencies or substitutions. Therefore, following a purchase

during auction, claims are not admissible based on the state of conservation, classification,

description, dating, attribution of purchased items, or due to defects, even if hidden, except

for cases of malicious or intentional concealment by a seller. Antiques and antique weapons

by their very nature may present restorations or modifications, such interventions can in no

case be considered as hidden or latent defects. The state of mechanical operation of items

and firearms for sale is not guaranteed by the auction house and buyers purchase them at

their own risk, without reserves and waiving all exceptions.

5. Licenses, authorizations and permissions: Sellers and buyers are required to strictly

comply with the law, including international laws, governing the sale, purchase and holding

of items placed at auction. In particular, sellers and buyers shall be liable for obtaining all

the authorizations or licenses deemed necessary for the purchase, transport and possession

of weapons, even if antique or historical: where required, the buyer undertakes to display

and provide a copy to Czerny’s Auction House of the aforementioned permits. Buyers are

also required to inform themselves prior to making purchases regarding laws and import restrictions

in force in their country in relation to antique weapons, sidearms and firearms and

antiques, also in relation to the materials of which these are made of. In order to respect of

l. 150/92 and subsequent amendments and additions, objects featuring parts or components

made of ivory, as well as of species protected by the CITES convention, are provided with

a certificate attesting the production and the manufacturing before 1947. Czerny’s Auction

House, its agents or its staff cannot be held liable for any damages incurred by buyers due to

the import of goods which are prohibited or limited by their country of origin.

6. Restrictions on the movement of certain goods: Czerny’s Auction House draws the attention

of sellers and buyers to compliance with current regulations regarding the prohibition

or limitation for exporting items of historical and artistic interest, with particular reference

to the provisions of Italian Legislative Decree no. 42 of 22/1 / 2004 (Italian Cultural Heritage

Code) and subsequent modifications and additions. Under no circumstances shall Czerny’s

Auction House be held liable for the failure to issue a certificate on the free movement of a

given good, restrictions determined by notifying the declaration of cultural interest, or by

exercising the right of pre-emption on behalf of the Italian Government.

7. Registration of auction participants: In order to ensure that the existing provisions in

the context of Anti-Money Laundering are fulfilled, anyone interested in taking part in

the auction must register, providing Czerny’s Auction House with the information and

documents deemed necessary to identify them, including: residence, shipping address, email,

telephone number, copy of a valid identity card or passport, tax code, VAT reg. number and

bank account details. At the Auction House’s discretion, a security deposit and additional information

or references may be requested from buyers. For Italian customers wishing to buy

or sell weapons, a copy of a valid permit for keeping antique weapons including shooting

firearms or a license for antique firearms will be required. The above documentation can

also be sent by email to the following address info@czernys.com. Data sent will be processed

in compliance with EU Regulation(GDPR). Customers will be required to send

updated documentation if documents expire. Registered users will be issued a personal

identification number or code which is necessary for submitting bids.

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8. Taking part in auctions: Taking part in an auction is possible by making bids in the

room, depositing or submitting written bids or by telephone or on-line communications.

Written bids received before the opening of the tender must contain clear information on

the lot and the price offered. Written bids shall be made at the minimum possible price

with reference to other bids and at the reserve price. The purchase of lots by a person to be

appointed or the transfer to third parties of lots won is not permitted.

9. Telephone bidding service: Czerny’s Auction House offers its customers a telephone

bidding service. Customers who wish to be phoned during auctions to a previously notified

telephone number previously for one or more lots of interest, can request this in writing

by email at info@czernys.com, or by filling in the Bid sheets included in each Czerny’s

catalogue or which can be downloaded from the website at www.czernys.com. For bidding

on lots where bidders wish to make use of the telephone bidding service, the customer unconditionally

accepts from the moment of his request to bid for the lot itself the basic auction

value, and more precisely the first of the two prices indicated in the catalogue and on the

website. In the event that no other bid is received during the auction, lots will be awarded

to the person/entity that requested the service even if the latter has not confirmed their bid

by telephone during the auction. Czerny’s Auction House shall not be held liable for any

technical issues that may prevent or limit the telephone bidding service during auctions. The

telephone bidding service is provided on condition that the total amount offered be not less

than Euro 500.

10. Bids through web applets or third-party platforms: It is possible to submit bids, after

registering and entering personal data, also through the website www.czernys.com and the

relevant web applet or by means of third-party web platforms. Bids submitted as above

imply the unconditional acceptance of these general terms. Users who take part in auctions

through the web applet of the website www.czernys.com or third-party platforms are aware

that during the auction about 100 lots are auctioned per hour: therefore, the correspondence

of data on bids shown by the web applet of Czerny’s Auction House or by third-party web

platforms with any increasing offers made in the Room cannot be guaranteed, with the

consequence that the latter may be higher and prevail. The Sales Manager present in the

room is the only party entitled to ratify rising bids during auctions.

11. Use of the website and telephone and on-line services: The use of the www.czernys.com

website is free and takes place at the user’s risk. Czerny’s Auction House, its agents or staff

cannot be held liable for damages or inconveniences due to problems related to the use of

the website www.czernys.com nor due to technical problems related to telephone lines or

internet connection, or for the non-execution of bids submitted by telephone or on-line. It

is forbidden for users of the website www.czernys.com to use the site itself and the relevant

services for illicit or purposes contrary to these contractual terms. Czerny’s Auction House

reserves the right to exclude, at its sole discretion, any user from accessing the website www.

czernys.com and relevant services. All equipment made available by Czerny’s Auction House

on the website www.czernys.com and by means of the relevant services (including: texts,

graphics, photographs, advertising images, etc.), is protected, even criminally, by the current

Italian copyright law. Czerny’s Auction House cannot be held liable in any case for issues

and damages suffered by customers due to links to third-party sites on the www.czernys.com

platform or for damages deriving from the use of third-party platforms.

12. Exclusion from auctions: The Sales Manager, at his sole discretion, has the right to

exclude from participation in the auction persons who may disrupt its normal exercise as,

by way of example but not limited to the following: parties who interfere, who trade in the

room, who are late in making payments, regardless of the reason, due to Czerny’s Auction

House or that have a dispute open both in court and out of court, or those who have been

convicted of crimes concerning trade or patrimony.

13. Auction mode: Individual lots are sold to the highest bidder, for cash and in Euro.

Bids on the increase during the bidding process cannot be less than 5% of the previous

bid. Any purchase offers for a price lower than the auction’s reserve price (which, if not

further specified, shall never be lower than the minimum bid price), may be considered only

outside the auction and after that, at the sole discretion of Czerny’s Auction House and prior

written consent of the seller or owner. Lots are awarded by the Sales Manager who ratifies

their award. Disputes regarding the priority or timeliness of bids are decided on the spot,

at the Sales Manager’s discretion. In the event that two winning bids are equivalent, the

assignment of the lot to one of the two bids is at the Sales Manager’s discretion. In all cases

of dispute, it remains understood that the Director of Sales may cancel disputed transactions

and repeat an auction, in the same auction session or in the one immediately following it, for

a starting price equal to the highest bid received in the room or in writing and not disputed.

14. Changes to lots: The Sales Manager has the right to withdraw lots from the auction,

change the order of lots, merge multiple lots among those for sale, or divide items already

catalogued as single lot into several lots, establishing new prices generated by these initiatives.

15. Auction fees and ancillary charges: Auction fees, equal to 20% (twenty percent) of the

price reached at auction or expressed in the written purchase bid, increased by the V.A.T in

the legal measure (currently equal to 22%) must be added to the purchase price that results

from the event. In addition, any additional tax and / or ancillary charges shall be borne by

the purchaser. Any duty, tax or rate, as well as any cost to export or import the purchased

goods will be charged to the buyer.

16. Terms and methods of payment: Payment of the auction price and auction fees for lots

awarded, with the relevant ancillary expenses, must be made within 10 days from the end

of the auction, upon issuance of invoice notice in paper or digital format. The payment of

precious goods must be done within the day ensuing the awarding.

Buyers present in the room must make payment of the purchase price, auction fees and relevant

ancillary expenses immediately following the award of an item. The transfer of ownership

of awarded property is finalized at the time of payment of the purchase price, auction

fees and relevant ancillary expenses. In the event of non-payment or late payment, Czerny’s

Auction House can proceed legally in order to request the compulsory execution of the obligation

to conclude the agreement or to sell the lot awarded through auction or private treaty,

charging the defaulting bidder every greater cost and damages and withholding any advance

payments received for this purpose. In all cases of non-payment or late payment, lots will

remain in storage at Czerny’s Auction House at the successful bidder’s risk and expense,

until sold or collected by the seller. Unless specifically agreed with the Seller, the precious

objects that cannot be kept on storage constitute an exception. Foreign buyers are required

to pay Italian taxes on the service (V.A.T).

17. Collection of purchased lots: Purchased goods must be collected at Czerny’s Auction

House within 48 hours of payment of the invoice notice referred to in section 15 above) at

the buyer’s expense and risk. Precious objects can be collected in person the day ensuing the

auction: afterwards they will be sent via insured shipping by the Society Ferrari Group and

at the buyer’s expense.

18. Lot shipments: Czerny’s Auction House does not ship the lots. If required, the service

can be assigned to an external shipping agency that has an agreement with the Auction House;

the buyer will have a direct relationship with the agency, also in the context of releasing

the invoice that includes costs for administration, packing, labour, shipping and insurance

and has to be paid immediately. The shipping of lots defined as antique arms by the Italian

law will be completed after the payment of the awarding and shipping prices, and after that

the competent authorities process the legal formalities to transport, ship or export the goods

abroad. The administrative formalities to ship and export the goods will be dealt by Czerny’s

Auction House at the buyer’s expense. Buyers state to be aware that the time required

for issuing the necessary authorisations does not depend on Czerny’s Auction House which

cannot be held liable for any delays. Regardless of the service offered by Czerny’s Auction

House, customers residing abroad are obliged to use the service of a forwarder, as they are

not authorized by law to transport weapons, even antique ones, to Italy.

19. Shipping by the buyer: In a situation where the carrier is identified by the buyer, it is

the latter’s responsibility to immediately notify the identity to Czerny’s Auction House; the

buyer is also required to issue specific written clearance to Czerny’s Auction House for delivery

to a courier of purchased lots, without prejudice to the need to have all the necessary

authorisations for transporting and exporting individual items.

20. Special rules for the shipment of firearms to non-EU countries: Shipments are normally

carried worldwide, except for countries that prohibit their import by law. Buyers state to

be aware that shipments of antique firearms outside the European Community may require

additional time and costs.

21. Courier packaging: Czerny’s Auction House reserves the right to provide the shipping

agency with any information and recommendation on the lots’ packing procedures. The

goods shipped outside Italy must be provided with a commercial invoice indicating value

and type of goods.

22. Damage to shipped goods: Czerny’s Auction House is not responsible for any damage

suffered from the goods after the delivery to the shipping agency. Any damage suffered by

shipped goods must be reported to Czerny’s Auction House and to the carrier within five

days of discovering it, in order to obtain the assistance of the insurance company, without

prejudice to the buyer’s obligation to take all measures suitable to avoid aggravation of damages.

Damage must be reported to Czerny’s Auction House by registered letter or certified

e-mail (PEC) at the address czernys@legalmail.it, and must be accompanied by appropriate

photographic material or video. Czerny’s Auction House shall not be liable for any damages

beyond the mentioned above period.

23. Nature of auctioned goods: All goods placed at auction must be considered as used and

supplied as antiques or as products to be repaired and refurbished in accordance with and

for the purposes of Art. 3 paragraph 1 lett. e) of Italian Legislative Decree(Italian

Consumer Code) and subsequent amendments.

24. Exclusion of the right of withdrawal: Pursuant to Art. 59 of Italian Legislative Decree

and subsequent amendments the right of withdrawal with respect to any lot are

excluded.

25. Items which refer to the fascist or Nazi period: Czerny’s Auction House clarifies that

the items offered for sale are simple historical and documental evidence of a given period;

therefore, with particular reference to items which are specific to the historical period or in

any case referable to the Nazi or fascist regime, the description, photographs and publication

on the auction catalogue always take place for commercial and scientific purposes and

excludes any apologetic understanding.

26. Extension of sales terms: These general terms apply, to the extent compatible, also to

any subsequent purchases following the auction of lots not awarded.

27. Changes to the general terms: Czerny’s Auction House reserves the right to modify

these terms and conditions at its own absolute discretion, at any time and without prior

notice. Auction participants shall be liable for checking updates published according to the

procedures set out in point 1.

28. Jurisdiction: Any dispute concerning the application, interpretation or breach of this

agreement shall be referred to the exclusive jurisdiction of the Court of La Spezia