1. Definitions
"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 Auction.
"Auction" means an auction of Property/Lot to be conducted by Saffronart on
the Website on the date indicated in the Auction Catalogue.
"Auction Catalogue" shall refer to the catalogue published by Saffronart,
whether in print, on the Mobile Application or on the Website and shall include
the Print Auction Catalogue, the MobileApp Auction Catalogue the Online Auction
Catalogue and the eCatalogue in respect of an Auction, containing details of the
Auction along with the Description, price and other details of Properties 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 Saffronart
from time to time, shall take precedence.
"Bid" means the price offered by a Bidder to purchase a particular Property
offered for sale at an Auction.
"Bidder" means a person making a Bid for the purchase of one or more
Properties offered for sale at an Auction in accordance with the terms and
conditions set out in the Conditions for Sale and such person shall be required
to be entitled to enter into contracts under applicable law.
"Bid Closing Schedule" shall be the schedule specifying the closing times for
bids for each Lot to be sold through the Auction as specified in the Auction
Catalogue.
"Buyer" means the Bidder making the Winning Bid in respect of a Property(ies)
and who has agreed to pay/ has paid both the Sale Price and the Buyers'
Premium payable in respect of such Property(ies).
"Buyers' Premium" means the amount charged by Saffronart from a Buyer for
services rendered by it, in accordance with the Conditions of Sale, in
connection with the purchase of Property by the Buyer.
"Closing Date" means the date specified in the Bid Closing Schedule on which
the Auction closes.
"Closing Time" means the time at which the Auction for any of the Lot Groups
listed in the Bid Closing Schedule closes.
"Conditions for Sale" means these Terms and Conditions published in any of
the Auction Catalogues which shall be applicable to every Bid and every sale of
Property made through an Auction. In case of a conflict between the Terms and
Conditions published in the Online Auction Catalogue and in the Print Auction
Catalogue or eCatalogue, the Online Auction 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 Auction
Catalogue and may include, without limitation, the name of the artist, designer
or manufacturer, the title of the Property, and the following additional
details:
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For artworks: the signature of the artist/ date of the Property (if any),
the surface, medium, edition number (wherever applicable) and dimensions of
the Property.
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For Precious Objects: any other features or characteristics of the Property
mentioned in the Auction Catalogue.
Prospective Bidders using the Mobile Application are advised to refer to the
Online Auction Catalogue, the Print Auction Catalogue or the eCatalogue for the
complete Description as all details may not be made available/accessible through
the MobileApp Auction Catalogue.
"eCatalogue" refers to an electronic reproduction of the Print Auction
Catalogue that may be made available on the Website for certain auctions.
"Lot Groups" means the Properties grouped together for Auction closing at a
particular time.
"Mobile Application" means Saffronart's proprietary software application, as
updated from time to time, and available for download from the Website for the
purpose of viewing the MobileApp Auction Catalogue, placing Bids, viewing
Auction results, and accessing other information related to Saffronart and the
Auction.
"MobileApp Auction Catalogue" refers to the screens within the Mobile
Application relating to the Auction, as may be amended from time to time.
"Notices" refers to information included in the Auction Catalogue by
Saffronart whether in print or online or on the Mobile Application - to
correct errors and omissions in the Auction Catalogue. These are provided for
the bidders' convenience however the, the Online Auction Catalogue as
modified by Saffronart from time to time, shall take precedence in all cases of
discrepancy.
"Online Auction Catalogue" shall refer to the web pages on the Website
relating to the Auction, as may be amended from time to time and shall include
web pages accessible via the link "Auction Catalogue" (including all pages
providing details related to the Properties) as well as additional pages
containing details of the Auction such as "Sale Guide", "About the Auction",
"Conditions for Sale", "Notices", etc.
"Precious Objects" means jewelry, watches, loose precious stones and any
other objects offered for sale within the context of an Auction comprising
jewelry as the majority of Lots.
"Print Auction Catalogue" refers to the printed version of the Auction
Catalogue.
"Property/Lot" means the artwork, Precious Objects and any other objects
offered by Saffronart for sale either individually or collectively (as a single
unit) through the Auction.
"Reserve Price" means the minimum price that the Seller has communicated to
Saffronart as being acceptable for the sale of the Property through an
Auction.
"Saffronart" means Saffronart Management Corporation acting either on its own
behalf or as a representative of any of its Affiliates.
"Saffronart Server" means the computer(s) that provides other computers with
access to resources shared on computer networks including Saffronart data,
application files and printers.
"Seller" means the party consigning the Property to Saffronart as its agent
for sale through Auction.
"Technical Downtime" means the time period during which the Saffronart Server
or the Website is not in operation due to a malfunction.
"Terms of Business" means the terms of business executed between Saffronart
and the Seller.
"Website" means the collection of HTML and/or internet data and media located
at the URL www.saffronart.com and/or any
other URL linked to the Website.
"Winning Bid / Sale Price" means the highest Bid offered in respect of a
Property at the Closing Time, which Bid shall be either be equal to or higher
than the Reserve Price.
"Winning Bidder" means the Bidder who has placed the Winning Bid.
3. Catalogue Descriptions And Condition of Property
3.1. Saffronart offers all Properties for sale at the Auction "as is",
meaning that Property is sold with all existing faults and imperfections.
Saffronart encourages all potential Buyers to inspect each item carefully before
bidding.
3.2. Any statements made by Saffronart about any Property, whether orally or
in writing concerning attribution to, for example, any school of art or
craftsmanship, country or origin, history or provenance, 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 auction house, having due
regard to the estimate value of the Property. However, Saffronart does not in
anyway represent that it has carried out exhaustive research or analysis, and it
is therefore recommended, especially in cases of Properties of high value, that
potential Buyers seek advice on such matters from their own professional
advisors.
3.3. The Buyer undertakes to:
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to inspect and satisfy himself prior to the Auction as to the condition and
description of the Property;
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to rely on his own judgment as to whether the Property matches its
description; and
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to not rely on an illustration of any Property given in the
Catalogue
3.4. Neither Saffronart nor any of its affiliates, agents, representatives,
employees or directors shall be liable for errors or omissions in any of the
representations made in the Auction Catalogue or otherwise with respect to
authenticity, description, or condition of any Property for sale through the
Auction.
4. Authenticity Guarantee
4.1. Guarantee of Properties (other than Precious Objects): With
respect to artworks (not including Precious Objects) Saffronart guarantees the
authenticity of the Property for a period of one year, and will provide a
Saffronart authenticity certificate in relation to this guarantee (please note
Saffronart does not provide authenticity certificates from artists).
Authenticity in relation to artworks shall mean compliance of the artwork with
Description provided in the Auction Catalogue, particularly with reference to
the name of the Artist, title (if any) of the artwork itself, date, the school
of art (if mentioned), dimensions, medium, etc.
In the unlikely event
that within one year from the sale of the Property through Auction, it is proved
by the Buyer, to the reasonable satisfaction of Saffron that the Property was
not authentic and if, in Saffronart's opinion, Bidders being aware of such
error or omission would have bid significantly less than the actual Sale Price
Saffronart shall be entitled to rescind the sale and the Seller will be liable
to refund to the Buyer the Sale Price paid for the Property. The Buyer shall
return the Property to Saffronart and Saffronart shall hand over the Property to
the Seller upon refund of the Sale Price paid to him for the Property. Once
Saffron obtains the refunded amount from the Seller, it shall forward the same
along with the amount charged by Saffron as the Buyer's Premium to the
Buyer.
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 Property is not authentic, is provided by an
established and acknowledged authority. The decision of Saffronart in respect of
such claims shall be final and binding. The authenticity guarantee under this
clause 4.1 does not apply to jewellery, watches or precious stones.
4.2. The above guarantee given in clause 4.1 shall be subject to the
following conditions:
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The claim is made by the Buyer as registered with Saffronart (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 Properties)
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The Property is returned in the same condition that it was in at the time
of delivery of the Property to the Buyer.
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The Property was indisputably purchased through the Auction.
4.3. Guarantee in relation to Precious Objects: In the case of
Properties which have been categorised by Saffronart as Precious Objects,
Saffronart guarantees that the Property shall comply with characteristics or
features mentioned in all capital letters in the heading of the Description of
the Property in the Auction Catalogue (with the exception however that 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 Property is in the possession of Saffronart.
All colored stones unless certified may or may not be treated for enhancements.
It is therefore advisable for Buyers or potential Buyers of such Properties, to
inspect the Property prior to bidding or prior to shipment or Buyer pickup from
Saffronart.
In the unlikely event that during such inspection, the Buyer is able to prove
to the reasonable satisfaction of Saffronart that the Property does not match
the details give in the (capitalised) heading to the Description, and if, in
Saffronart's opinion, Bidders being aware of such error or omission would have
bid significantly less than the actual Sale Price Saffronart shall be entitled
to rescind the sale and the Seller will be liable to refund to the Buyer the
Sale Price paid for the Property. The Buyer shall return the Property to
Saffronart and Saffronart shall hand over the Property to the Seller upon refund
of the Sale Price paid to him for the Property. Once Saffronart obtains the
refunded amount from the Seller, it shall forward the same along with the amount
charged by Saffronart as the Buyer's Premium to the Buyer. This guarantee will
not be applicable where the Property is being shipped to the Buyer by
Saffronart.
4.4. In all cases Saffronart retains the right to consult with, at the
expense of the Buyer, two recognized experts in the field, (such experts being
mutually acceptable to Saffronart and the Buyer), to examine the Property under
question before deciding to rescind the sale and offer the refund under the
above guarantee. The opinion of the experts shall not be binding on
Saffronart.
4.5. In the event of the Seller's failure to refund the proceeds as stated in
this clause, the Buyer shall return the Property to Saffronart and authorize
Saffronart as its agent to initiate legal proceedings against the Seller. Any
such steps taken or legal proceedings instituted by Saffronart against the
Seller shall be to the cost of the Buyer.
5. Extent of Saffronart's Liability
5.1. Saffronart has an obligation to refund the Sale Price and Buyers'
Premium to the Buyer only in the circumstances described in Clause 4 above
(Authenticity Guarantee). Damages, losses or loss in value if any to the artwork
(excluding frames) incurred during shipping and transit are covered as per the
insurance policy taken by Saffronart. In case the Buyer opts out of insurance
coverage arranged for by Saffronart, Saffronart shall not entertain any claims
for damage or loss during shipping and transit. Subject to the authenticity
guarantee above, neither Saffronart's suppliers nor Saffronart, nor any of
Saffronart's 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 Property in the sale, or for any mistakes in
the Description, or for any faults or defects in the Properties, or for any
other act or omission, whatsoever. Saffronart offers no guarantee or warranty
other than the limited assurance contained in the authenticity guarantee
above.
5.2. It is stated and agreed that the rescission of the sale and the refund
of the total Sale Price paid by the Buyer is the sole remedy that may be sought
by a Buyer, and such remedy is exclusive and in lieu of any other remedy which
may otherwise be available under law. Saffronart shall not be liable for any
incidental or consequential damages incurred or claimed.
6. Copyright
All content of the Print Auction Catalogue, eCatalogue and on the Website and
Mobile Application are copyright protected in favour of Saffronart. 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 Saffronart. 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 the Seller(s) make no
representation or warranty that the Buyer of a Property will acquire any
copyright or other reproduction rights in it.
7. Legal Notices
7.1. Saffronart may validly serve the Bidder/ Buyer with legal notice, if
required, under these Conditions of sale by:
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Sending an email to the email address disclosed by the Bidder/ Buyer to
Saffronart; or
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Sending a courier to the address disclosed by the Bidder/ Buyer to
Saffronart.
7.2. Such legal notice shall be deemed to have been properly served:
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In the case of email transmission - on the date of the transmission; or
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In case of transmission by courier - 2 business days after the dispatch of
the notice by courier.