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§General Terms:
By participating in this auction, you acknowledge
that you are bound by the terms and conditions listed below and
on the website http://www.indianmasterpainters.com.
1.
The Eye Within’s role as Seller: We undertake to sell works
of art on behalf of the artist or reseller. 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 The Eye Within and the Bidder.
2.
The Eye Within shall have complete discretion in the
description and illustration of the lots in the catalogue and on
the website, as well as in the recording or rejection of bids.
3.
The Eye Within 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 The Eye Within, 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 our reserve price, the lot will be
considered unsold. The reserve price on each lot is
confidential.
5.
All foreign currency exchange rates during the auction are
made on a constant of 1:43 (USD:INR) for ease of bid value
calculations for bidders.
6.
After the sale, buyers are required to pay the amounts in full
. No shipment or delivery will be made if this amount is not
received or until all proper documentation is completed.
7.
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.
8.
Failure to collect: If a Buyer informs The Eye Within that he
wishes to collect the lot from The Eye Within, in person, and
such lot is not collected within two weeks of the auction
closing and completion of all other formalities, The Eye Within
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.
9.
The Eye Within 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.
§Authenticity
Guarantee:
The Eye Within provides an assurance that each
piece of art that we offer for sale on the website is a genuine
work of the artist listed. In some cases the artworks are
further screened and authenticated by affiliated experts.
However, in the unlikely event that any item that you purchase
from The Eye Within 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 work 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 artwork from The Eye Within, and
provided that:
1.
Only the actual buyer (as registered with The Eye Within)
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 The Eye Within;
and
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 The Eye Within determine
that the item was authentic.
The Eye Within 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
The Eye Within and the buyer), to examine the lots) 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 The Eye Within.
§Extent of our
Liability:
The Eye Within 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 transits are covered under the insurance policy.
Neither The Eye Within's suppliers nor The Eye Within, nor any
The Eye Within employees or agents, is responsible, either for
the correctness of any statements as to the authorship, origin,
date, age, attributes or genuineness of any lot, or for any
mistakes in the description of the lots, or for any faults or
defects in the lots, or for any other act or omission,
whatsoever. The Eye Within 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 purchase 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.
§Copyright:
All content of the catalogue and on the website
www.indianmasterpainters.com are copyright protected in favor of
The Eye Within and/or its suppliers. All trademarks, names,
brand names, etc. used in the catalogue and on the website
www.indianmasterpainters.com. 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.
§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 Kolkata,
West Bengal, India.
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