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).
"Buyer’s Premium" means the amount charged by Saffronart from a Buyer for services
rendered by it in connection with some or all of the following: facilitating participation
in the Auction, guaranteeing authenticity and representing the Buyer in case of
default from the Seller. These services are provided by Saffronart on an independent
basis (i.e. not on behalf of the Seller to the Buyer) and predominantly rendered
after the sale of the Property.?
"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 jewellery, watches, loose precious stones and any other
objects offered for sale within the context of an Auction comprising jewellery 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 authorise 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.