Important Notice

2. General Terms

By participating in this Auction, you acknowledge that you are bound, without modification, limitation or qualification by the Conditions for Sale as listed below and on the Website. Collectibles Antiques may, at its sole discretion, modify or revise the Conditions of Sale at any time by updating this page on the Website and the prospective Bidder, Bidder, Seller and any other person using the Website shall be bound by any such modification or revision and should therefore visit this page periodically to review the Conditions of Sale.

1. 2.1 Collectibles Antiques hereby warrants that it has been granted a valid license under the Antiquities Act and Rules for conducting Auction of Antiquities and for dealing in Antiquities. Collectibles Antiques undertakes to sell the Antiquities through the Auction as the agent for and on behalf of the Seller. Collectibles Antiques has verified the valid registration of the Antiquities in the name of the Seller as required under the Antiquities Act and the Rules. Collectibles Antiques will have no ownership interest in any Antiquity till the receipt of full payment by Collectibles Antiques in respect of an Antiquity from a Winning Bidder/ Buyer in accordance with the provisions of Clause 2.15. Upon receipt of full payment by Collectibles Antiques from the Winning Bidder/ Buyer in accordance with the provisions of Clause 2.15, the ownership of the Antiquity along with its registration (as required under the Antiquities Act) will be first transferred/ delivered from the Seller to Collectibles Antiques in accordance with the provisions of the Antiquities Act and Rules. Thereafter, such ownership of the Antiquity along with the valid registration which will be in the name of Collectibles Antiques will be transferred/ delivered by Collectibles Antiques to the Winning Bidder/ Buyer in accordance with the provisions of the Conditions for Sale.

2. 2.2 Making a Bid by raising one`s hand or paddle in the auction room, submitting a written bid, communicating a bid over the phone to a Collectibles Antiques representative or pressing the "Bid Now" button on the Website, constitutes an irrevocable offer to purchase the Property and the acceptance of a Bid as the Winning Bid by Collectibles Antiques shall result in an enforceable contract of sale between Collectibles Antiques, acting solely as the agent of the Seller, and the Winning Bidder..

3. 2.3 Collectibles Antiques is authorized by the Seller to exercise its complete discretion in:

4. (i) determining the form and content of the Descriptions in the Auction Catalogue, (ii) granting bidding access to a Bidder, (iii) recording, rejecting or accepting Bids, and (iv) deciding which Bid constitutes the Winning Bid, if any.

   Bidding access whether in the saleroom, online, via telephone or throught a written bid, shall be given at Collectibles Antiques' discretion and Collectibles Antiques may set limits on the number of Bids that may be made by a Bidder and/or require payment guarantees or deposits as a condition precedent to giving bidding access to a Bidder. Bidders will be informed of the limits on the number of Bids they may make, if any, and will not be allowed to bid further if their bidding limit has been exhausted. Bid updates and time extensions, if any, shall be updated on the Website and Mobile Application. On the Website, Bidders may refresh their bidding pages by clicking on the "click to refresh immediately" link or the re-load/refresh buttons on their browsers, to view latest bid updates and time extensions, if any. On the Mobile Application, Bidders may select the "Refresh" menu item to view latest bid updates and time extensions. Collectibles Antiques shall evaluate the bid histories of specific Lots periodically to preserve the efficacy of the Auction process. This exercise may be conducted by Collectibles Antiques internally or through third parties solely at the discretion of Collectibles Antiques.

5. 2.4 The Auctioneer has complete discretion on whether to accept an online Bid, a room Bid, telephone Bid or a written Bid at any given time.

6. 2.5 Tracking Bids Online

7. On the Website, the current Bid and next valid Bid shall be accurate at the time of updating those values from the auction room, provided however that such information shall not reflect any changes that may have occurred during the time taken for this information to reach the Bidder’s computer over the Internet. Due to the nature of internet traffic, there is an unpredictable time-lag between a Bidder placing a Bid, and that Bid being received by Collectibles Antiques. As a result, a user may have placed his/ her Bid prior to the Lot being closed by the Auctioneer in the saleroom, but the Bid is received by Collectibles Antiques after the closing of that Lot and would therefore be rejected. An online Bid from a Bidder will be prioritized against other online Bids at the same Bid level in chronological order with the earliest Bid received by Collectibles Antiques being considered for acceptance by the Auctioneer.

8. 2.6 Bidders are advised to keep their login ID, password, and paddles secure at all times. Collectibles Antiques will hold the Bidder responsible for all Bids placed using their paddle or login ID and password, whether via the Website or in the saleroom.

9. 2.7 Collectibles Antiques reserves the right to withdraw any Antiquity before, during or after the Auction, if it has reason to believe that the authenticity of the Antiquity or the accuracy of the Description is in doubt, or if there is a breach of the Terms of Business, or if, in the opinion of Collectibles Antiques, compliance with the Antiquities Act and/ or Rules is not possible for any reason whatsoever, or if Collectibles Antiques otherwise believes, in its sole discretion, that it would be improper to include the Antiquity in the Auction.

10. 2.8 All Antiquities shall be sold subject to the Reserve Price. If the Winning Bid is below the Reserve Price, the Antiquity shall be considered unsold. The Reserve Price on each Antiquity shall be confidential and Collectibles Antiques shall have no obligation to disclose the same to any Bidder.

11. 2.9 Collectibles Antiques shall raise invoices on the Buyer for the Sale Price and Buyer's Premium, applicable taxes being VAT and/or service tax on sale of Antiquities and other additional charges that may be incurred by Collectibles Antiques, if any, including shipping and handling of the Antiquities and additional levies, from time to time.

12. 2.10 The possession of the Antiquity has passed from the Seller to Collectibles Antiques within the territory of India and as per the provisions of the Antiquities Act and the Rules, the Seller has intimated the Archaeological Survey of India of such transfer of possession of the Antiquity from the Seller to the designated premise of Collectibles Antiquities. Upon receipt of full payment by Collectibles Antiques from the Winning Bidder/ Buyer in accordance with the provisions of Clause 2.15 the ownership of the Antiquity along with its registration (as required under the Antiquities Act) will be transferred from the Seller to Collectibles Antiques in accordance with the provisions of the Antiquities Act and Rules.

13. 2.11 Subject to fulfillment of all the Conditions for Sale, the title to the offered Antiquity shall pass to the Buyer upon full payment by the Buyer to Collectibles Antiques in accordance with the provisions of Clause 2.15 and such Buyer assumes full risk and responsibilities therefore. However, since Collectibles Antiques cannot deliver possession of the Antiquity to a third person prior to transferring the ownership along with valid registration to such third person as per the provisions of the Antiquities Act and the Rules, subject to receipt by Collectibles Antiques of full payment in accordance with Clause 2.15 and of the duly signed requisite forms and documents from the Buyer required for the purpose of transferring the ownership along with registration of the Antiquity to the Buyer, best endeavours shall be made by Collectibles Antiques to transfer/ deliver such Antiquity to the Buyer within 90 days from the date of the receipt of full payment as described in Clause 2.15 and transfer papers from the Buyer. The Buyers are hereby made aware that the process for transfer of ownership along with registration from one person to the another as per the provisions of the Antiquities Act and the Rules is a process administered by the Archaeological Survey of India and may take longer than the envisaged period of 90 days. Collectibles Antiques will not be responsible for any delays involved in transfer/ delivery of ownership along with registration of the Antiquity. In the event that the Registering Officer or any other employee of the Archaeological Survey of India empowered to execute the transfer of ownership along with registration of an Antiquity insists on sending the duly transferred registration certificate directly to the Buyer, Collectibles Antiques will not be responsible for any damage or loss in transit of the said registration certificate. Buyers are advised to read and abide by the provisions of the Antiquities Act and the Rules and all notifications issued thereunder from time to time, which are available with the Archaeological Survey of India and also at the website of the Archaeological Survey of India www.asi.nic.in.

14. 2.12 In respect of each sale at the Auction, Collectibles Antiques shall charge a Buyer’s Premium calculated at the rate of 20% of the winning bid value on each lot up to and including INR 3,00,00,000/-, 15% of the winning bid value in excess of INR 3,00,00,000 up to and including INR 6,00,00,000 and 12% of the winning bid value in excess of INR 6,00,00,000. Service tax applicable on the Buyer's Premium shall be to the account of the Buyer and shall be payable in accordance with applicable laws. Any and all payments by the Buyer in an Auction and in relation to purchase of Antiquities will not be made by the Buyer in any currency other than INR, the lawful currency of India and only from India.

15. 2.13 All monetary values including the Reserve Price, Sale Price, the Buyer's Premium and the Bids placed during the Collectibles Antiques Online Auction shall be calculated in INR, the lawful currency of India and no other currency. US dollar values if and where provided, are only for the sake of convenience of Bidders/Buyers who may wish to compare the values of Antiquities with international auctions held outside India

16. 2.14 All Bidders are required to provide complete and accurate invoicing details to Collectibles Antiques at the time of registration for the Auction and invoicing details once registered by Bidders shall not be changed. The Bidder shall be invoiced based on details provided at the time for registering for the Auction which has to be and will be a valid invoicing address within the territory of India. The invoicing details of all Bidders should mandatorily specify an address within the territory of India where the shipment of the Antiquity has to be delivered. In the event that a party is bidding on a third person's behalf, it is the bidding party's responsibility to ensure that all paperwork explaining the transaction and relationship has been completed prior to the close of Auctions as per the registration requirements. All registration formalities with Collectibles Antiques must be completed prior to the close of Auctions.

17. 2.15 The Winning Bidder shall pay the Sale Price and Buyer's Premium in full (including the applicable taxes, such as VAT and/or service tax, and other charges, if any) within 7 (seven) business days from the date of invoice. Subject to Clause 2.11, no shipment or delivery of the Antiquity will be made to the Winning Bidder if the Sale Price and Buyer's Premium (including the applicable taxes and other service charges, if any) are not received by Collectibles Antiques and until all proper documentation in connection with the sale of the Antiquity has been completed and until the ownership along with registration of the Antiquity has not been transferred from the Collectibles Antiques to the Buyer in accordance with the provisions of the Antiquities Act and the Rules. Payments will not be accepted from any parties other than the Winning Bidder as recorded on the invoice.

18. 2.16 Non payment
    
    The Winning Bidder shall ensure that invoices raised by Collectibles Antiques are paid in full and all remittance of amounts due under the invoice is made within 7 (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 of sale by the Buyer and in such an event Collectibles Antiques may take any steps (including the institution of legal proceedings), as it may deem to be appropriate to enforce payment by the Buyer. In addition, the Buyer will be charged demurrage @ 1% of the total value (sum of Winning Bid and Buyer's Premium) per month till the date of actual payment. In case of non-payment by the Buyer, Collectibles Antiques also has a right to re-offer the Antiquity through auction or private sale, in which case, the Buyer will have to bear any and all financial loss borne through the process of reselling the Antiquity. This includes any monetary shortfall between the original amount fetched at auction and the new price obtained at resale as well as all losses related to commissions, premiums, shipping, insurance and storage charges, legal fees and all applicable taxes.

19. 2.17 Failure to collect
    
    Pursuant to the ownership along with registration of the Antiquity being transferred from Collectibles Antiques to the Buyer in accordance with the provisions of the Antiquities Act and Rules, if the Buyer informs Collectibles Antiques that he wishes to collect the Antiquity from Collectibles Antiques in person and such Antiquity is not collected by the Buyer within 30 days of the registration formalities being completed, Collectibles Antiques shall arrange for storage of the Antiquity at the Buyer's expense, and shall only release the Antiquity after payment has been made, in full, of the demurrage @ 1% of the total value (sum of Winning Bid and Buyer's Premium) per month (if applicable) and the charges for storage of the Antiquity, if any.

20. 2.18 Collectibles Antiques shall be entitled to exercise a lien on the Antiquity for payment of any sums due to it from the Buyer, including the Sale Price, Buyer's Premium or costs relating to storage and insurance where they are to be borne by the Buyer, in relation to any Antiquity purchased by the Buyer.

21. 2.19 Collectibles Antiques reserves the right not to award the Winning Bid to the Bidder with the highest Bid at the Closing Date if it deems it necessary to do so.

22. 2.20 The Buyer, Seller and Collectibles Antiques shall at all times abide by the provisions of the Antiquities Act and Rules.

23. 2.21 The Buyer acknowledges that all of the Antiquities in this auction, whether specifically indicated in the catalogue or otherwise cannot be exported out of India without the prior consent of the Director General, Archaeological Survey of India, New Delhi. The Buyer further acknowledges that if the Buyers exports Antiquities in contravention of the Antiquities Act and the Rules, then the Buyer may be liable under the provisions of the Antiquities Act (which may include imprisonment and fine).

24. 2.22 Collectibles Antiques has the right to exercise reasonable discretion in refusing any Bid, advancing the bidding, withdrawing or dividing any Lot, combining any two or more Lots; and in the case of error or dispute, during or after the sale, determining the successful Bidder, continuing the bidding, cancelling the sale or reoffering and reselling the item in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer shall be conclusive.

25. 2.23 Proxy Bids are accepted from Bidders once they have been given bidding access for the Auction. These may not be sped, withdrawn or altered by the Bidder. Proxy Bids may be submitted on the Website (“Online Proxy Bids”) or in writing (“Written Bids”) using the Written Bid form. Online Proxy Bids are accepted until twelve hours prior, and Written Bids until one hour prior, to the start of the Auction. Collectibles Antiques does not accept any liability in the unlikely event that the Bid is not executed or executed incorrectly. In the event the Auctioneer has two proxy Bids of identical values and no higher Bids are accepted in the saleroom, the Bid received earlier will be prioritized higher. Proxy Bids indicate the maximum value that the Bidder authorises the Auctioneer or a Collectibles Antiques representative authorised by the Auctioneer to execute on the Bidder’s behalf, in the manner described in clause 2.21. In the absence of higher competing Bids, Proxy Bids will be executed till the reserve price.
    At the discretion of the auctioneer, Proxy Bids submitted on “no reserve” lots will be executed at a minimum of 10% of the lower estimate (the "Minimum Value") if there is no competing bid and the Proxy Bid amount is greater than the Minimum Value.

26. 2.23 Bidding by telephone is available at Collectibles Antiques’s discretion and subject to availability for Bidders. Collectibles Antiques does not accept any liability in the unlikely event that a telephone Bid is not executed or executed incorrectly, or in the event of faulty telephone connections or the Bidder not being reachable.

    2.24. Bidding by telephone is available at Collectibles Antiques’ discretion and subject to availability for Bidders. Collectibles Antiques does not accept any liability in the unlikely event that a telephone Bid is not executed or executed incorrectly, or in the event of faulty telephone connections or the Bidder not being reachable.

27. 2.25 The Auctioneer may place Bids on behalf of the Seller either by placing consecutive Bids or by placing Bids in response to other Bidders, provided such Bids are less than the Reserve Price. However, the Auctioneer may not place Bids on behalf of the Seller for lots that are offered with no Reserve Price.

28. 2.26 Collectibles Antiques employees may not bid in the Auction once the Auction has started. They may however submit a written Bid for an amount which may be equal to or above the lower estimate of a Lot before the Auction commences and have a proxy Bid placed on their behalf. Once the Auction has begun, they may not increase their proxy Bid or alter it in any way.  

29. 2.27 Sellers are not allowed to bid on the particular Lot(s) they have consigned otherwise than as permitted under the Conditions for Sale. 

30. 2.28 Technical Downtime
    
    In the unlikely event that the Website is inaccessible to Bidders due to Technical Downtime at any time during the half an hour prior to the scheduled Closing Time of the Auction for any of the Lots, the Closing Time of that Lot and subsequent Lots shall be extended by the duration of the Technical Downtime. In case the Technical Downtime extends beyond the Closing Time for a particular Lot, the Website shall, after the Technical Downtime, show the Auction for the particular Lot as closed. However, the Closing Time for such Lot and subsequent Lots shall be extended by the duration of the Technical Downtime and appropriate details of the extension shall be published on the Website shortly after recovery from the Technical Downtime. Note that any malfunction in the Mobile Application does not constitute Technical Downtime. In the event of such malfunction, Bidders should use the Website to place Bids.

    2.29 Bids recorded prior to any Technical Downtime will be treated as valid according to the Conditions for Sale. Collectibles Antiques shall not be liable for any loss of information due to the Technical Downtime. The data logs of the Collectibles Antiques Server shall determine the duration of the Technical Downtime and any determination made by Collectibles Antiques in respect of extension of the Closing Time shall be final.

31. 2.30 A currency converter may be in operation in the saleroom for the convenience of Bidders. Collectibles Antiques accepts no liability for any malfunction in the currency converter.

    2.31 Subject to the discretion of the Auctioneer, the highest Bidder accepted by the Auctioneer will be the Buyer and the fall of the Auctioneer’s gavel shall mark the close of bidding on each Lot. The Auctioneer may at his discretion, re-open bidding on a Lot after the fall of the gavel if a higher Bid placed prior to closing was inadvertently not accepted.

3. Catalogue Descriptions And Condition of Antiquity

3.1 Collectibles Antiques offers all Antiquities for sale at the Auction on an "as is basis", meaning that an Antiquity is sold with all existing faults, restorations and imperfections. Collectibles Antiques encourages all potential Buyers to inspect and verify each Antiquity carefully before bidding.

3.2 Any statements made by Collectibles Antiques about any Antiquity, whether orally or in writing concerning attribution to, for example, any school of art or craftsmanship, country or origin, history, authenticity or provenance, are only expressions of Collectible Antiques opinion or belief and do not constitute a representation, warranty or assumption of liability of them in any manner whatsoever. Such opinions or beliefs have been formed honestly in accordance with the standard of care expected of an auction house, having due regard to the estimate value of the Antiquity. However, Collectibles Antiques does not in any way represent that it has carried out exhaustive research or analysis, and it is therefore recommended, especially in cases of Antiquities of high value, that potential Buyers seek advice on such matters from their own professional advisors.

3.3. The Buyer undertakes to:

1. to inspect and satisfy himself prior to the Auction as to the condition and Description of the Antiquity;

2. to rely on his own judgment as to whether the Antiquity matches its Description; and

3. to not rely on an illustration of any Antiquity given in the Auction Catalogue.

3.4 Conditions report are provided on request and are solely based on the information (oral and/ or in writing) provided by the Seller and is just an opinion as to the condition. In the event that Collectibles Antiques is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the Website, an email will be sent to the Buyer regarding the difference and Collectibles Antiques will await the Buyer's decision to proceed with the order.

3.5 Neither Collectibles Antiques nor any of its affiliates, agents, representatives, employees or directors shall be liable for errors or omissions in any of the opinions made in the Auction Catalogue or otherwise with respect to authenticity, provenance, description, or condition of any Antiquity for sale through the Auction.

4. Copyright

All content of the Print Auction Catalogue, eCatalogue and on the Website and Mobile Application are copyright protected in favour of Collectibles Antiques. All trademarks, names, brand names, etc. used in the Print Auction Catalogue and on the Website and Mobile Application are either trademarks or registered trademarks of Collectibles Antiques, or of their respective owners. Any rights not expressly granted herein are reserved. No image, illustration or written material maybe used or required without the prior written permission of Collectibles Antiques. Collectibles Antiques and the Seller(s) make no representation or warranty that the Buyer of an Antiquity will acquire any copyright or other reproduction rights in it.

5. Legal Notices

5.1 Collectibles Antiques may validly serve the Bidder/ Buyer with legal notice, if required, under these Conditions of sale by:

(i) Sending an email to the email address disclosed by the Bidder/ Buyer to Collectibles Antiques; or

(ii) Sending a courier to the address disclosed by the Bidder/ Buyer to Collectibles Antiques.

5.2 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.

6. Waiver

No failure or delay in exercising any right, power, privilege or remedy under the 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 the Conditions for Sale shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

7. Severability

If any part of the Conditions for Sale between the Buyer and Collectibles Antiques 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.

8. Law and Jurisdiction

The Conditions for Sale are subject to the laws of India. All parties are subject to the exclusive jurisdiction of courts at Mumbai, Maharashtra, India.