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right of recourse of the winning bidder, in terms of availing
refund, shall be restricted only against the
Seller
and
We
shall not be liable or responsible in any manner to facilitate
such refund.
7.7 The guarantee above shall be subject to the following
conditions:
(i) the claim is made by the winning bidder as registered
with
Us
and if the winning bidder has owned the
Lot
continuously between the date of auction and the
date of claim (the benefit of the claim is not assignable
to any subsequent owners or others who may acquire
or have an interest in any of the
Lots
);
(ii) the concerned property in the
Lot
is returned to
Us
in the same condition that it was in at the time of
delivery of such property in the
Lot
to the winning
bidder; and
(iii) the concerned property in the
Lot
is indisputably the
same as purchased through the auction.
It is clarified that
We
will not be responsible for procuring
such refund from the
Seller
and it will be the winning
bidder’s responsibility to procure the refund from the
Seller
. However, the winning bidder may approach
Us
requesting
Us
to liaise on behalf of the winning bidder
with the
Sell
er for procuring such refund. However, it
is clarified that
We
reserve the right, in
Our
absolute
discretion, to offer
Our
assistance in this matter. In the
event the
Seller
furnishes the refunded amount to
Us
,
We
shall forward the same along with the amount charged by
Us
as the
Buyer's Premium
to the winning bidder. Even
if the
Seller
does not refund the said amount to
Us
or
to the winning bidder, as the case may be, if it is proved
by the winning bidder, to
Our
reasonable satisfaction,
that the
Lot
was not authentic
in accordance with this
Clause 7, we shall refund the amount
charged by
Us
as
the
Buyer's Premium
to the winning bidder
. We
shall
not be accountable to the winning bidder for any taxes,
shipping, handling or any other charges that may have
been applicable at any time from the sale of the
Lot
till
the claim.
7.7 All such claims will be handled on a case-by-case basis,
and in the case of an authenticity claim,
We
will require
that examinable proof, which clearly demonstrates that
the
Lot
is not authentic, is provided by an established and
acknowledged authority.
Our
decision in respect of such
claims shall be final and binding.
7.8 In all cases,
We
retain the right to consult with, at the
expense of the winning bidder, two recognised experts
in the field (such experts being mutually acceptable to
Us
and the winning bidder), to examine the
Lot
under
question before deciding to rescind the sale and offer
the refund, to the extent provided above and under the
guarantee set out above. The opinion of the experts shall
not be binding on
Us
.
8.
Privacy of Personal Information
8.1
We
will maintain the confidentiality of your personal
information as disclosed to
Us
and undertake to not
disclose such information to any third party, unless
otherwise required by law or a governmental authority.
8.2 The winning bidder agrees to maintain the confidentiality
of the information about the
Original Owner
, including
name and address, as mentioned in any
Antiquity
related
document/s.
9.
Extent of Our Liability
9.1
We
have an obligation to refund the
Sale Price
and
Buyer’s
Premium
to the winning bidder only in the circumstances
described above (in paragraph 7). Damages to, or losses
or loss in value of any of the
Lots
(excluding frames)
incurred during shipping and transit are covered as per
the insurance policy obtained by
Us
. In case the winning
bidder opts out of insurance coverage arranged for by
Us
,
We
shall not entertain any claims for damage or loss
during shipping and transit. Subject to the authenticity
guarantee above, neither
Our
suppliers nor
Us
, nor any of
Our
employees or agents, shall be responsible, either for
the correctness of any statements as to the authorship,
origin, date, age, attributes or genuineness of any
Lot
in the
sale, or for any mistakes in the description of the
Lots
, or
for any faults or defects in the
Lots
, or for any other act or
omission whatsoever.
We
offer no guarantee or warranty
other than the limited guarantee set out in Clause 7 above.
9.2 The rescission of the sale and the refund of the total
Sale
Price
paid by the winning bidder is the sole remedy that
may be sought by a winning bidder, and such remedy is
exclusive and in lieu of any other remedy which may
otherwise be available under law.
We
shall not be liable
for any incidental or consequential damages incurred or
claimed.
10. Copyright
All content of
Our Auction Catalogue
, the print catalogue,
eCatalogue and content on the
Website
and
MobileApp
are
copyright protected in favour of "Saffronart". All trademarks,
names, brand names, etc. used in the print
Auction Catalogue
and on the
Website
and
MobileApp
are either trademarks or
registered trademarks of Saffronart, or of their respective owners.
Any rights not expressly granted herein are reserved. No image,
illustration or written material maybe used or required without
Our
prior written permission.
We
and the
Seller
(s) make no
representation or warranty that the winning bidder of a
Lot
will
acquire any copyright or other reproduction rights in it.
11. Legal Notices
11.1
We
may validly serve a bidder with a legal notice, if
required, by the following means:
(i) sending an email to the email address disclosed by the
bidder to
Us
; or
(ii) sending a courier to the address disclosed by the
bidder to
Us
.
11.2 Such legal notice shall be deemed to have been properly
served:
(i) in the case of email transmission: on the date of the
transmission; and
(ii) in case of transmission by courier: 2 business days after
the dispatch of the notice by courier.
12. Waiver
No failure or delay in exercising any right, power, privilege or
remedy under these conditions for sale shall in any way impair
or affect the exercise thereof or operate as a waiver thereof in
whole or in part. No single or partial exercise of any right, power,
privilege or remedy under these conditions for sale shall prevent
any further or other exercise thereof or the exercise of any other
right, power, privilege or remedy.
13. Severability
If any part of these conditions of sale between the winning
bidder and
Us
is found by any court of law to be invalid, illegal or
unenforceable, that part may be discounted and the rest of the
conditions shall be enforceable to the fullest extent permissible
by law.
14. Governing Law and Jurisdiction
14.1 These conditions for sale are subject to the laws of India.
14.2 All parties are subject to the exclusive jurisdiction of courts
at Mumbai, Maharashtra, India
15. Symbols used in this catalogue
Lots
marked with indicate that Saffronart owns the
Lot
in whole or in part or has an economic interest in the
Lot
equivalent to an ownership interest.
Lots
marked with have been imported into India, and in
order to remove the
Lots
from a Free Trade Warehousing
Zone and into Indian free circulation, a customs duty at
11% will be added to the hammer price. The applicable
GST
will be charged on the amount inclusive of the
hammer price and the duty.
Lots
marked with the symbol are subject to CITES
(Convention on International Trade in Endangered
Species) export/import restrictions and may require
export/import permits to ship the
Lot
outside India.
The winning bidder acknowledges that he/she is solely
responsible for obtaining and paying for the necessary
permits. The bidder may contact the Directorate General
of Foreign Trade, Government of India for further
information regarding export/import restrictions prior to
making such purchases.
GLOSSARY
Affiliates
: Saffronart Management Corporation, Planet Saffron
Inc., and their holding or subsidiary companies as on the date of
the online auction.
Antiquities Act
: The Antiquities and Art Treasures Act, 1972
and any amendments made thereto from time to time.
Antiquity/Antiquities
: An antiquity as per Section 2 of the
Antiquities Act
and registered under the provisions of Sections
14 and 16 of the
Antiquities Act
.
Auction Catalogue
: The catalogue published by
Us
, whether
in print, on the
MobileApp
or on the
Website
, containing
details of the auction along with the description, price and other
details of
Lots
to be offered for sale at such auction. In case of
any discrepancy between the print
Auction Catalogue
, the
MobileAppAuctionCatalogue
, the online
AuctionCatalogue
and/or the eCatalogue, the online
Auction Catalogue
, as
modified by
Us
from time to time, shall take precedence.
Buyer's Premium
: The amount charged by
Us
from a winning
bidder for services rendered by
Us
, in accordance with these
conditions of sale, in connection with the purchase of
Lots
by
the winning bidder.
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