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.
"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:
- For artworks: the signature of the artist/ date of the Property (if any), the surface, medium and dimensions of the Property.
- 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 Mobile App 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:
i. to inspect and satisfy himself prior to the Auction as to the condition and description of the Property;
ii. to rely on his own judgment as to whether the Property matches its description; and
iii. 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 Properties which are artworks (not including Precious Objects) Saffronart guarantees the authenticity of the Property for a period of one year. 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 Saffronart 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 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.
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 Precious Objects.
4.2 The above guarantee given in clause 4.1 shall be subject to the following conditions:
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)
The Property is returned in the same condition that it was in at the time of delivery of the Property to the Buyer.
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. It is therefore advisable for Buyers or potential Buyers of such Properties, particularly if they are of high value, 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 Saffron.
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 covered under Clause 4 above (authenticity guarantee). All damages and losses incurred during shipping and transit are covered under the insurance policy taken by Saffronart and the insurance charges as applicable shall be charged on the invoice unless specified by the Buyer. In case the Buyer does not opt for insurance coverage arranged for by Saffronart, Saffronart shall not be liable for any 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
i. Sending an email to the email address disclosed by the Bidder/ Buyer to Saffronart; or
ii. 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:
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
9 Law and Jurisdiction
The Conditions for Sale are subject to the laws of:
i. India, in the event that the Seller is located in India; and
ii. the United States of America, in the event that the Seller is located in any jurisdiction other than in India, and such laws shall apply to the construction of the Conditions for Sale and to the effect of the provisions thereof. All parties are subject to the exclusive jurisdiction of courts at:
i. Mumbai, Maharashtra, India, in the event that the Seller is located in India; and
ii. New York or Los Angeles, USA (as applicable), in the event that the Seller is located in any jurisdiction other than in India.