"Affiliates" means Saffron Art Private Limited, Planet Saffron Inc., Planet Saffron Management Co., LLC and their holding or subsidiary companies as on the date of the Sale of the Property.
"Business Partner" means Cushman & Wakefield India Pvt Ltd, a company incorporated under the Companies Act, 1956 and that has entered into an agreement with the Seller for the sale of Properties through the Saffronart Catalogue.
"Buyer" means the person who has accepted the Sale Price offered at the Sale and has agreed to pay/ has paid such Sale Price of the Property(ies) to the Seller.
"Catalogue" shall refer to the catalogue published by Saffronart, whether in print, or on the Website and shall include the Print Catalogue, the Highlights Catalogue, the Online Catalogue and the eCatalogue containing the Description, price and other details of Properties to be offered for sale along with any accompanying text articles (including these Conditions for Sale). In case of any discrepancy between the Print Catalogue, the Highlights Catalogue, the Online Catalogue and/or the eCatalogue, the Online Catalogue, as modified by Saffronart from time to time, shall take precedence.
"Conditions for Sale" means these terms and conditions published in any of the Catalogues which shall be applicable to every Sale of Property. In case of a conflict between the Conditions for Sale published in the Online Catalogue, the Print Catalogue, the Highlights Catalogue or eCatalogue, the Online Catalogue version, as modified by Saffronart from time to time, shall take precedence.
"Description" means all the details of a Property as set out in the Catalogue
"eCatalogue" refers to a partial or complete electronic reproduction of the Print Catalogue that may be made available on the Website.
"Highlights Catalogue" refers to an abridged printed version of the Catalogue.
"Notices" refers to information included in the Catalogue by Saffronart – whether in print or online - to correct errors and omissions in the Catalogue. These are provided for the Buyers' convenience – however, the Online Catalogue as modified by Saffronart from time to time, shall take precedence in all cases of discrepancy.
"Online Catalogue" shall refer to the web pages on the Website relating to the Sale of Properties, as may be amended from time to time and shall include web pages accessible via the link "Properties for Sale" (including all pages providing details related to the Properties) as well as additional pages containing details such as "Sale Guide", "Conditions for Sale", "Notices", "Arrange a Viewing", "See My Property", etc.
"Print Catalogue" refers to the printed version of the Catalogue.
"Property" means the immovable property being listed for Sale on the Website.
"Saffronart" means Saffronart Management Corporation acting either on its own behalf or as a representative of any of its Affiliates.
"Sale" means the Seller offering the Property for sale through the Catalogue.
"Sale Deed" means the final signed agreement between the Buyer and Seller for the purchase of a Property.
"Sale Price" means the price of the Property offered by the Seller and accepted by the Buyer for the purchase of a Property.
"Seller" means the party listing the Property for sale through the Catalogue.
"Terms of Business" means the terms of business executed between the Business Partner and the Seller.
"Website" means the collection of HTML and/or internet data and media located at the URL www.saffronart.com.
2. General Terms
By participating in this Sale, you acknowledge that you are bound by the Conditions for Sale as listed below and on the Website.
2.1 Use of the Website/Catalogue is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
2.2 Saffronart’s role as the agent of the Seller: Saffronart undertakes to list the Properties on the Website/Catalogue for and on behalf of the Seller. Saffronart has no ownership interest, title or right whatsoever in any Property.
2.3 Saffronart, through its Business Partner, is authorized by the Seller to exercise its complete discretion in: (i) determining the form and content of the Descriptions in the Catalogue, and (ii) granting access to a Buyer.
2.4 Saffronart reserves the right to withdraw any Property, if it has reason to believe that the authenticity of the Property or the accuracy of the Description is in doubt, or if there is a breach of the Terms of Business, or if Saffronart otherwise believes, in its sole discretion, that it would be improper to list the Property for Sale, or that the Seller is engaging in fraudulent activity in connection with the Sale of the Property.
2.5 Simultaneously upon the conclusion of a transaction for the sale and purchase of a Property between a Seller and Buyer Saffronart will raise invoices on the Buyer at the rate of 2% of the Sale Price up to and including INR 5 crore, plus 1% of the Sale Price in excess of INR 5 crore, plus 10.3% service tax. For select properties, there may be no fee chargeable to the Buyer, which will be noted in the Sale Guide in the catalogue.
2.6 Any transaction between the Seller and the Buyer for the sale of the Property shall strictly be a bipartite contract between such Seller and Buyer and Saffronart and/or its Business Partner will not be deemed to be a part of any such contract. It is hereby clarified that Saffronart and/or its Business Partner shall only be providing their services to facilitate transactions between such Seller and the Buyer. At no time shall any right, title or interest over the Property vest with Saffronart and/or its Business Partner nor shall Saffronart and/or its Business Partner have any obligations or liabilities in respect of any such contract. Saffronart and/or its Business Partner is not responsible for any non-performance or breach of any contract entered into between a Seller and Buyer. Saffronart and/or its Business Partner cannot and does not guarantee that the concerned Seller and Buyer will perform any transaction for the sale and purchase of a Property. Saffronart and/or its Business Partner shall not and is not required to mediate or resolve any dispute or disagreement between a Seller and Buyer.
2.7 The Buyer shall pay the amount of the invoice raised by Saffronart within seven business days of the signing of a binding agreement between seller and buyer for the purchase of a property, or the payment of 25% or greater of the sale price by the Buyer, whichever is earlier. Payments will not be accepted from any parties other than the Buyer as recorded on the invoice.
2.8 Non payment: The Buyer shall ensure that invoices raised by Saffronart are paid in full and all remittance of amounts due under the invoice are made within seven business days from the date of the invoice. In case payments are not received within such period, this shall be treated as a breach of contract by the Buyer and Saffronart may take any steps (including the institution of legal proceedings), as it may deem to be appropriate to recover its dues from the Buyer.
3. Catalogue Descriptions and Condition of Property
3.1 Saffronart lists all Properties for sale "as is", meaning that the Property is offered for Sale by a Seller with all existing faults and imperfections. Saffronart encourages all potential Buyers to conduct their own due diligence prior to submitting their offer to purchase a Property.
3.2 Any statements made by Saffronart and/or its Business Partner about any Property, whether orally or in writing, are only expressions of our opinion or belief. Such opinions or beliefs have been formed honestly in accordance with the standard of care expected of an agency facilitating sale of Properties. However, Saffronart and/or its Business Partner do not in any way represent that they have carried out exhaustive research or analysis (included but not limited to a title verification), and it is therefore recommended, that potential Buyers seek advice on such matters from their own professional advisors.
3.3 The Buyer undertakes to:
1. inspect and satisfy himself prior to purchasing the Property as to the title, condition and description of the Property;
2. rely on his own judgment as to whether the Property matches its Description; and
3. not rely solely on an illustration of any Property given in the Catalogue.
3.4 Neither Saffronart nor any of its affiliates, agents, representatives, employees, partners, Business Partner or directors shall be liable for errors or omissions in any of the representations made in the Catalogue or otherwise with respect to authenticity, description, or condition of any Property.
4. Extent of Saffron's Liability
4.1 Saffronart's total aggregate liability to a Buyer including that of any third party claims, in contract, tort including negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the services to a Buyer or prospective Buyer shall be limited to an aggregate sum not exceeding the total fees paid to Saffronart by such Buyer. Saffronart shall not be liable for any pure economic loss, loss of profit, loss of business, depletion of goodwill, in each case whether direct or indirect or consequential or any claims for consequential loss compensation whatsoever which, arise out of or in connection with services provided hereunder.
5. Intellectual Property
Except where explicitly stated otherwise, all content of the Catalogue and on the Website are copyright protected in favour of Saffronart. All trademarks, names, brand names, etc. used in the Catalogue and on the Website are either trademarks or registered trademarks of Saffronart or its Business Partner or other partners. Any rights not expressly granted herein are reserved. No image, illustration or written material maybe used or required without the prior written permission of Saffronart. Saffronart and/or its Business Partner and the Seller(s) make no representation or warranty that the Buyer of a Property will acquire any copyright or other reproduction rights in it.
6. Legal Notices
6.1 Saffronart may validly serve the Buyer with legal notice, if required, under these Conditions of sale by:
(i) Sending an email to the email address disclosed by the Buyer to Saffronart; or
(ii) Sending a courier to the address disclosed by the Buyer to Saffronart.
6.2 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.
If any part of the Conditions for Sale between the Buyer and Saffronart 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.
None of the provisions of the Conditions for Sale shall be deemed to constitute a partnership and the Seller and Buyer shall have no authority to bind Saffronart and/or its affiliates, agents, representatives, employees, partners, Business Partner or directors in any manner whatsoever.
If any dispute arises in connection with the validity, interpretation, implementation or alleged breach of any provision of the Conditions for Sale, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Saffronart. The place of arbitration shall be Mumbai. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
10. Law and Jurisdiction
The Conditions for Sale are subject to the laws of India and subject to Clause 9 above, the courts at Mumbai shall have exclusive jurisdiction in respect of all matters hereunder.
For additional information on any of these properties or to arrange a viewing, call us at the numbers listed here or email firstname.lastname@example.org. You may also fill out this online form.