100-101 / 116
98
FINE JEWELS AND OBJETS | Online Auction
99
the institution of legal proceedings), as it may
deem to be appropriate to enforce payment by
the winning bidder. In addition, the winning
bidder will be charged demurrage at 1% of the
total value (winning bid plus
Buyer’s Premium
),
or INR 10,000 per month, whichever is higher, till
the date of actual payment.
5.9 Failure to collect: If the winning bidder informs
Us
that he/she wishes to collect the
Lot
from
Us
in person and if such
Lot
is not collected by the
winning bidder within 30 days of the payment
formalities being completed,
We
shall arrange for
storage of the
Lot
at the winning bidder’s expense,
and shall only release the
Lot
after payment has
been made, in full, of the sale price and
Buyer’s
Premium
, including storage and insurance at
applicable rates.
5.10
We
shall be entitled to exercise a lien on the
Lot
for
payment of any sums due to
Us
from the winning
bidder, including the sale price,
Buyer’s Premium
or costs relating to storage and insurance where
they are to be borne by the winning bidder, in
relation to any
Lot
purchased by the winning
bidder.
6.
Authenticity Guarantee
6.1
We
provide a limited guarantee on the
authenticity of the
Lots
for a period of one
year from the date of the auction of such
Lots
.
Under this limited guarantee,
We
only guarantee
characteristics or features mentioned in all capital
letters in the heading of the “Description of the
Property” in the
Auction Catalogue
(in the
case of the
MobileApp Auction Catalogue
, the
characteristics or features mentioned in all capital
letters may be displayed in a position other than
the heading) till such time that the
Lot
is in
Our
possession.
We
do not guarantee any other
attribute of such
Lot
.
6.2 In the unlikely event that within one year from
the sale of the
Lot
through auction, it is proved
by the winning bidder, to
Our
reasonable
satisfaction, that the
Lot
was not authentic and
if, in
Our
opinion, bidders being aware of such
error or omission would have bid significantly less
than the actual sale price,
We
shall be entitled
to rescind the sale, and the seller will be liable to
refund to the winning bidder the sale price paid
for the
Lot
.
6.3 The guarantee above shall be subject to the
following conditions:
(i) the claim is made by the winning bidder as
registered with
Us
(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;
Once
We
obtain the refunded amount from
the seller,
We
shall forward the same along
with 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.
6.4 All such claims will be handled on a case-by-case
basis, and in the case of an authenticity claim,
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.
6.5 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 under
the guarantee set out above. The opinion of the
experts shall not be binding on
Us
.
6.6 In the event of the seller’s failure to refund the
proceeds as stated in this paragraph, the winning
bidder shall return the concerned property in
the
Lot
to
Us
and authorise
Us
as its agent to
initiate legal proceedings against the seller. Any
such steps taken or legal proceedings instituted
by
Us
against the seller shall be to the cost of the
winning bidder.
7.
Privacy of Personal Information
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.
Extent of Our Liability
8.1
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 6). 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 paragraph 6 above.
8.2 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.
9.
Copyright
All content of
Our Auction Catalogue
, the print
catalogue, eCatalogue and content on the
Website
and the
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 the
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
may be 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.
10.
Legal Notices
10.1
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
.
10.2 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) incaseoftransmissionbycourier:2businessdaysafter
the dispatch of the notice by courier.
11.
Severability
If any part of these conditions for sale 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.
12.
Governing Law and Jurisdiction
12.1 These conditions for sale are subject to the laws
of:
(i) India, in the event that the seller is located in
India; and
(ii) The United States of America, in the event that
the seller is located in any jurisdiction other than
in India.
Such laws shall apply to the construction of
the conditions for sale and to the effect of the
provisions thereof.
12.2 All parties are subject to the exclusive jurisdiction
of courts at:
(i) Mumbai, Maharashtra, India, in the event that the
seller is located in India; and
(ii) New York, USA, in the event that the seller is
located in any jurisdiction other than in India.