1. Definitions

In these Terms:
"SaffronArt" means (India) Pvt. Ltd. or Planet Saffron Inc. as applicable.

"Property" or "Properties" means the property or properties for sale by SaffronArt.

"Website" means the collection of HTML and/or Internet media located at the URL, and/or any other URL linked to the Website or owned/controlled/used by SaffronArt.

"Bidder" means the party bidding on one or many lots in the auction.

"Buyer" means the party holding the highest bid at the time of the close of the auction who purchases the property(ies) from SaffronArt.

"SaffronArt Sever" means computer(s) that provides other computer(s) with access to SaffronArt data and application files and printers as shared resources to a computer(s) network.

"Technical Downtime" means the time period during which the SaffronArt server is not in operation due to a malfunction.

2. General Terms

By participating in this auction, you acknowledge that you are bound by the Conditions for Sale listed below and on the website

  1. SaffronArt's role as Seller: We undertake to sell works of art on behalf of the artist or reseller. There are no lots in this sale, where SaffronArt owns the lot in whole or in part or has an economic interest in the lot equivalent to an ownership interest. Making a winning bid constitutes an irrevocable acceptance of our offer of sale and results in an enforceable contract of sale. The contract of sale of the lot is between SaffronArt and the Bidder.

  2. SaffronArt shall have complete discretion in: (i) the description and illustration of the lots in the catalogue and on the website, (ii) granting bidding access as well as (iii) in the recording or rejection of bids.
    Bidding access shall be given on SaffronArt’s discretion and SaffronArt may set limits on bidders and/or require payment guarantees or deposits prior to giving bidding access. You will be informed of the limits if any and will not be allowed to bid further if your bidding limit is exhausted across all lots in the auction.
    SaffronArt reserves the right to evaluate the bid histories of specific lots periodically to preserve the efficacy of the auction process. This exercise may be conducted internally or through reputed third parties solely at the discretion of SaffronArt.

  3. SaffronArt reserves the right to withdraw a lot before, during or after the bidding, if we have reason to believe that the authenticity of the work or accuracy of description is in doubt, or if there is a breach of terms of the contract between the supplier and SaffronArt, or if we believe it to be improper to include the lot in the sale.

  4. All lots shall be sold subject to the reserve price. If the closing bid is below the reserve price, the lot will be considered unsold. The reserve price on each lot is confidential.

  5. SaffronArt will charge the Buyer a premium of 10% of the winning bid value. The purchase price for any lot, therefore, is the winning bid plus this 10% premium. The purchase price is also subject to any taxes, duties shipping and handling as applicable.

  6. All foreign currency exchange rates during the auction are made on a constant of 1:45 (USD:INR) for ease of bid value calculations for bidders. Please note that the estimates for individual lots have been 'rounded off' for ease of reference and do not necessarily reflect the exact exchange rate used for bid calculations.

  7. All bidders are required to provide all invoicing details to SaffronArt prior to the sale as no invoices will be changed after the sale and the bidder as registered with SaffronArt will be invoiced.

  8. After the sale, the Buyer as invoiced is required to pay the amounts in full (including the additional charges). No shipment or delivery will be made if this amount is not received or until all proper documentation is completed. No payments will be accepted from any other parties other than the Buyer recorded on the invoice.

  9. Non payment: Buyers shall ensure that all remittances are made within seven business days of the date of receiving the invoice. In case payment is not received within such period, this shall be treated as a breach of contract and we shall proceed with an appropriate course of action to recover the full amount from the buyer (the full amount shall include storage and any other additional costs incurred by us due to delays in remittance of monies, or in shipping of the Lot). In case of delayed payment, storage costs insurance and penalties will be borne by the buyer and will be calculated starting two weeks from date of the auction closing.

  10. Failure to collect: If a Buyer informs SaffronArt that he wishes to collect the lot from SaffronArt, in person, and such lot is not collected within two weeks of the auction closing and completion of all other formalities, SaffronArt shall arrange for storage at the buyer's expense, and only release the lot after payment has been made, in full, of the total invoice value plus all additional costs incurred by us due to the delay.

  11. SaffronArt reserves the right not to award the winning bid to the bidder with the highest closing price if it deems it necessary to do so.

  12. Technical Downtime

    1. In the unlikely event that the website is inaccessible to bidders worldwide due to technical downtime of the SaffronArt server or website within half an hour prior to the closing of the auction for any of the lot groups on September 7, 2006 the auction closing time of that lot group and subsequent lot groups will be extended by the duration of the downtime of the SaffronArt server.
    2. In case the technical downtime of the SaffronArt server crosses over a closing time for a particular lot group, the website when accessible post the downtime will show the auction for the particular lot group as closed however as in the clause above the closing time will be extended and appropriate details will be published on the website shortly after recovery.

    Bids recorded prior to any technical downtime will stand according to the Terms & Conditions stated. SaffronArt shall not be liable for any loss of information due to the technical downtime of the SaffronArt server. The data logs of the SaffronArt server will determine the duration of the downtime of the SaffronArt server.

3. Authenticity Guarantee

SaffronArt provides an assurance that each piece of art that we offer for sale on the website is a genuine work of the artist listed. All our works of art are sourced in conjunction with galleries associated with us, reputed dealers, resellers, collectors, or the artists themselves. In some cases the artworks are further screened and authenticated by affiliated experts.

However, in the unlikely event that any property that you purchase from SaffronArt is subsequently proven to be inauthentic, we will refund the full purchase price. These claims will be handled on a case-by-case basis, and will require that examinable proof which clearly demonstrates that the property is inauthentic provided by an established and acknowledged authority.

This guarantee holds for one year after the date of the purchase invoice of the original property from SaffronArt, and provided that:

  1. Only the actual buyer (as registered with SaffronArt) makes the claim (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)
  2. The property is returned in the same condition that it was in, at the time of purchase.
  3. The property was indisputably purchased from SaffronArt; and
  4. At the time of publishing of catalogue, there was technique available, and it was not unreasonable or impractical to use such technique, which could have helped SaffronArt determine that the property was authentic.

SaffronArt retains the right, as a matter of policy, to bring in, at the buyer's expense, 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 is not binding on SaffronArt

4. Extent of our Liability

Saffron has an obligation to refund the Buyer only in the circumstances covered under the Authenticity Guarantee Clause (above). All damages and losses incurred during shipping and transit are covered under the insurance policy and the insurance charges as applicable are charged on the invoice unless specified by the Buyer. In the case where the Buyer does not utilize Saffron's insurance coverage, Saffron is not liable for any damage or loss during shipping and transit. Neither Saffron's Suppliers nor Saffron, nor any of Saffron's employees or agents, is 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 of the Properties, or for any faults or defects in the Properties, or for any other act or omission, whatsoever. Saffron offers no guarantee or warranty other than the limited assurance contained in the Authenticity Guarantee.

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 can be sought, and such remedy is exclusive and in lieu of any other remedy which may otherwise be available under law. We shall not be liable for any incidental or consequential damages incurred or claimed.

5. Copyright

All content of the catalogue and on the website are copyright protected in favor of SaffronArt and/or its suppliers. All trademarks, names, brand names, etc. used in the catalogue and on the website are either trademarks or registered trademarks of India Pvt Ltd or Planet Saffron Inc. Any rights not expressly granted herein are reserved. No image, illustration or written material maybe used without the prior written permission of the copyright holders.

6. Notices

Saffron may validly serve you with Notice, if required, under these Conditions by
(a) Sending an email to the email address disclosed by you to us, or
(b) Sending a courier to the address disclosed by you to us. Such 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 transfer.

7. Severability

If any part of the Conditions for Sale between the Buyer and Saffron is found by any court 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 terms and conditions of this auction are subject to the laws of India, which will apply to the construction and to the effect of the clauses. All parties are subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India in the case of sales from India, and the courts of New York or Los Angeles, USA (as applicable) for sales from outside India.

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