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rescind the sale, and the seller will be liable to refund to
the winning bidder the sale price paid for the
Lot
.
7.6 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.
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.
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 under the guarantee set out above. The
opinion of the experts shall not be binding on us.
7.9 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.
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 seller,
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 paragraph 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 legal notice, if
required, under these conditions of sale by:
(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; or
(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
These conditions for sale are subject to the laws of India. All
parties are subject to the exclusive jurisdiction of courts at
Mumbai, Maharashtra, India.
15. Symbols used in this catalogue
Lots
marked with are not situated in India and
therefore, may only be bid for and purchased in USD.
Persons residing in India, wishing to bid in USDmust be
eligible under the various foreign exchange regulations
to make payments overseas. Please contact Saffronart
for further details.
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.
GLOSSARY
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
Antiquities
to be offered for sale at
such auction. In case of any discrepancy between the print
Auction Catalogue
, the
MobileApp
Auction Catalogue
,
the online
Auction Catalogue
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 the
winning bidder for services rendered by
Us
, in accordance
with these conditions for sale, in connection with the
purchase of the
Lots
by the winning bidder.
GST:
Goods and Services Tax
Lot/Lots:
A property, including an
Antiquity
, to be offered
at the auction, or two or more properties/
Antiquities
to be
offered at the auction as a group.
MobileApp
: Mobile application developed by Saffronart,
in Saffronart's capacity as
Our
service provider providing a
mobile auction platform for the auction.
Our
/
Us
/
We
: Saffronart Private Limited
Reserve Price
: The minimum price that a seller has
communicated to
Us
as being acceptable for the sale of a
Lot
through the auction.
Rules
: The
Antiquities
and Art Treasure
Rules
, 1973 and any
amendments made thereto from time to time.
Technical Downtime
: The time period during which the
Website
or its server is not in operation due to a malfunction.
Website
: Saffronart's website
(www.saffronart.com), in
Saffronart's capacity as
Our
service provider providing an
online auction platform for the auction.