Page 277 - AstaGuru Modern Odyssey

TERMS AND CONDITIONS OF SALE TERMS AND CONDITIONS OF SALE

Buyer. The Lot shall be returned to AstaGuru by the Buyer in the same 7. DELIVERYANDCOLLECTIONOFPURCHASEDLOT 8.7 AstaGuru shall made an honest endeavour to ensure that the Sale goes of the Mumbai Centre for Interna�onal Arbitra�on (“MCIA Rules”),
condi�on as it was, when it was delivered, at the Buyer's expense and through properly and the �tle of ownership is transferred to the Buyer, which rules are deemed to be incorporated by reference in this clause.
responsibility. 7.1 Subject to receipt and clearance of the Total Purchase Price, AstaGuru and shall assist the Buyer in comple�ng any statutory compliances as The seat of the arbitra�on shall be Mumbai. The Tribunal shall consist
shall ship the Lot to the Buyer within 7 Days from receipt of the Total may be required. However, AstaGuru shall not be liable and cannot be
5.7 The Buyer shall be responsible for any expenses that AstaGuru may PurchasePrice(“DateofPayment”). held responsible for any statutory compliances which may fail for no of one arbitrator, appointed with the mutual consent of both par�es.
The language of the arbitra�on shall be English. The law governing this
need to incur in order to authen�cate the Lot, in the case of any claim
ofinauthen�city. 7.2 All delivery dura�ons / periods men�oned shall only be an es�mate fault of AstaGuru. It shall primarily be the Buyer's responsibility to arbitra�on agreement shall be The Arbitra�on & Concilia�on Act,
based on past experience and es�mates given by our delivery partners ensureallstatutorycompliance. 1996, or any statutory amendment or modifica�on thereof. The law
5.8 In the unlikely even that a Lot is proved to be inauthen�c, AstaGuru andshallnotbeconstruedtobeaguarantee. governing the contract shall be the Indian Contract Act, 1872, or any
shall raise a claim for refund of money with the original owner/source. statutory amendment or modifica�on thereof. All the costs and fees to
If the original owner/source fails to refund the amount, the Buyer shall 7.3 Subject to receipt and clearance of the Total Purchase Price payable by 9. EXTENTOFBUYER'SLIABILITY be borne by the par�es to these Terms & Condi�ons of Sale in equal
the Buyer, the Buyer may also opt to collect the Lot from AstaGuru at
authorize AstaGuru and cooperate in any manner possible to recover measure without recourse to recovery of costs. Any reference to
hisownexpenseandresponsibility. 9.1 Securing the winning bid shall be deemed to result into an enforceable
theamountasmaybedueandpayablebytheoriginalsource/ownerto contract of sale between AstaGuru and the said Bidder in accordance Arbitra�on under the terms of these Terms & Condi�ons of Sale, shall
AstaGuru,byadop�nganyappropriatelegalproceedings. 7.4 Any Buyer who opts to collect the Lot from AstaGuru under Clause 7.2 be made by either Party in wri�ng. The Courts in Mumbai shall have
withtheseTermsandCondi�onsofSale.
but has not collected the said Lot within 30 days from the Date of exclusive jurisdic�on in rela�on to any court proceedings, arising
Paymentshallbechargedademurrage/storagefeeat2%permonthon 9.2 All Lots offered in an AstaGuru Auc�on are in its 'present/current under, out of, or in rela�on to the arbitra�on. All costs related to the
6. PAYMENTBYTHEBUYER the Total Purchase Price of the Lot calculated from the Date of condi�on' encompassing all exis�ng faults and imperfec�ons. Bidders Arbitra�onshallbebornebyboththePar�esequally.
Payment. areadvisedtoinspecteachLotcarefullybeforebidding.
6.1 The �tle and ownership interest in the Lot shall be transferred in favour 10.5 Each of the Par�es hereby acknowledges and agrees that its failure to
of the Buyer, along with the assignment of the Copyright that AstaGuru 7.5 TheBuyershallbeliabletoinsuretheLotagainstanydamagesorlosses 9.3 The Buyer shall be liable for all the packing, insurance, shipping or par�cipate in arbitra�on proceedings commenced pursuant to Clause
owns, only a�er all payment due under Clause 6 is received by intransit. handlingchargesinconnec�onwiththesaleoftheLot. 10.4 above in any respect or to comply with any request, order or
AstaGuruinitsbankaccountno�fiedtotheBuyerforpaymentthrough direc�on of the arbitrator shall not preclude the arbitrator from
bank transfer. Every sale shall be completed, and the �tle of ownership 7.6 Unless the descrip�on of the Lot s�pulates otherwise, all purchased 9.4 The Buyer shall be liable for any du�es or taxes in addi�on to the Total proceedingwithsucharbitra�onand/ormakingavalidfinalaward.
PurchasePriceunderClause6.2inconnec�onwiththesaleoftheLot.
Lots are packed & dispatched as per AstaGuru's determina�on of the
shall be transferred to the Buyer, in accordance with the provisions of
bestmodeofshipping.However,iftheBuyerprefersanalterna�ve,the 10.6 The decision/ award of the arbitrator shall be made in wri�ng and shall
law as may be applicable from �me to �me. In par�cular, in the case of same may be implemented at the Buyer's cost & responsibility. 9.5 All Lots classified as An�qui�es or Art Treasures under the An�qui�es be final and binding on the Par�es. The Par�es shall submit to the
items covered under the An�qui�es & Art Treasures Act, 1972, as also AstaGuru will invoice the buyer for costs incurred in rela�on to the and Art Treasures Act, 1972 are non-exportable and cannot be taken arbitrator's award and the same shall be enforceable in any competent
any vehicles, etc. covered under the Motor Vehicles Act, 1988, and the out of India. Any a� empt to export such a work without the express
foregoing and shall not incur any responsibility for any damage that courtoflaw.
amendments as may be made from �me to �me, the transfer of maybecausedtotheLotduringtransit. permission of Archaeological Survey of India (ASI) shall en�rely be at
ownership shall occur only a�er statutory requirements are complied theBuyer'srisk. 10.7 All no�ces or other communica�ons to be given under these Terms &
with,andnotbefore. 7.7 In the case of interna�onal shipments, Interna�onal Chamber of 9.6 All Lots deemed to be a 'No�fied An�quity' under the An�qui�es and Condi�ons of Sale shall be made in wri�ng and by le� er to the
Commerce (hereina�er: ICC) EXW (Mumbai), Incoterms 2020 shall be Registered Address of AstaGuru or by email to legal@astaguru.com;
6.2 TheTotalPurchasePricepayablebytheBuyertoAstaGurushallinclude Art Treasures Act, 1972 need to be registered with ASI. A�er such a Lot
applicabletotheseTerms&Condi�onsofSale. and shall be deemed to be duly given or made when delivered (in the
the Hammer Price, AstaGuru Buyer's Margin and any shipping, packing is sold at the auc�on, it is the Buyer's responsibility to in�mate the ASI caseofpersonaldelivery).
and handling charges incurred by AstaGuru in connec�on with the Lot, 7.8 Every sale shall be completed in accordance with the provisions of law ofsuchtransfer.
ascalculatedbyAstaGuru. as may be applicable from �me to �me. In par�cular, in the case of
9.7 Due to the unpredictable nature of internet/Mobile App data network,
items covered under the An�qui�es & Art Treasures Act, 1972, as also
6.3 AstaGuru shall raise an invoice in favour of the Buyer within 3 (three) any vehicles, etc. covered under the Motor Vehicles Act, 1988, and the there may be a lag period between the �me of the Bidder placing the 11. MISCELLANEOUS
BusinessDaysoftheAuc�onDate(“InvoiceDate”). bid, and it being received/registered by AstaGuru's server. Although
amendments as may be made from �me to �me, the transfer of 11.1 By par�cipa�ng in any auc�on, the Bidder acknowledges and accepts
6.4 The Buyer shall pay the Total Purchase Price to AstaGuru within 7 ownership shall occur only a�er statutory requirements are complied the Bidder may have placed a bid within the s�pulated closing that he is bound by these Terms & Condi�ons of Sale, as may be
(seven)daysoftheInvoiceDate(“Collec�onDate”). with, and not before. The �melines for delivery shall commence only schedule, nonetheless, AstaGuru receives the transmi� ed bid post the updated from �me to �me on the AstaGuru website at
closing schedule; in that event the bid will be rejected under such
a�ertherequirementsoflawhavebeencompliedwith. www.astaguru.com. AstaGuru can make changes to these Terms and
6.5 Buyers, who are Indian Tax residents, shall pay the Total Purchase Price circumstances. It shall be the Bidder's responsibility to update his Condi�ons of Sale from �me to �me without any prior no�fica�on. It
inINRandallotherBuyersshallpayinUSD.IftheTotalPurchasePriceis account with the relevant Proxy Bid in order to safeguard any lag-
shall be the Bidder's responsibility to make himself aware of the
s�pulated in INR terms, then the Buyer must ensure that AstaGuru 8. EXTENTOFASTAGURU'SLIABILITY orienteddelayswhileplacingindividualbids. updated Terms and Condi�ons of Sale, if any before an AstaGuru
receives the full payment of the Total Purchase Price, irrespec�ve of
exchangeratefluctua�ons,ifany. 8.1 The descrip�on of the Lot, as contained on the Website is to the best of Auc�on.
AstaGuru's opinion and as represented by the source. Bidders are 10. GOVERNINGLAWANDDISPUTERESOLUTION 11.2 Each and every obliga�on under these Terms and Condi�ons of Sale
6.6 In the event the Buyer does not pay the Total Purchase Price within the advised to engage and consult with independent professionals / shall be treated as a separate obliga�on and shall be severally
�meframe provided under Clause 6.4, he shall be liable to pay a Late 10.1 TheseTerms&Condi�onsofSaleshallbegovernedbyandconstruedin
Fee to AstaGuru at 2 % (two per cent) per month up to 4 months a�er expertsonthesame. all respects in accordance with the Applicable Laws of India, as enforceable as such in the event of any obliga�on or obliga�ons being
or becoming unenforceable in whole or part. To the extent that any
which, the Sale may be subject to cancella�on and a further penalty of 8.2 AstaGuru shall not be liable for any damage or loss during transit of the amended from �me to �me [without giving effect to its principles of
Clause of these Terms and Condi�ons of Sale are unenforceable, they
1 %onthe“HammerPrice”.8 Lot. Such losses must be covered by the Buyer as provided under conflictoflaws] shall be deemed to be deleted and any such dele�on shall not affect
Clause7.4.
6.7 In the event the Buyer does not pay the Total Purchase Price within the 10.2 Any dispute, claim or controversy whatsoever arising out of or in the remainder of these Terms and Condi�ons of Sale not so deleted,
s�pulated �meframe provided under Clause 6.4, AstaGuru shall treat 8.3 AstaGuru shall not be liable in case the Website has any technical connec�on with or rela�ng to these Terms & Condi�ons of Sale, provided the fundamental terms of these Terms and Condi�ons of Sale
such non-payment as a breach of these Terms and Condi�ons of Sale problems,includingforanyfailureordelayinexecu�ngthebidsplaced including the existence, breach, termina�on or invalidity thereof arenotaltered.
and Par�es shall proceed on the premise that a Dispute under Clause viatheWebsite. (“Dispute”), shall first be a� empted to be resolved by good faith
11.3 AstaGuru reserves the rights to store, engage with, and use all the data
10hasarisen. nego�a�ons between the respec�ve senior execu�ves of the Par�es
8.4 AstaGuru shall not be liable for the rejec�on of any bids received post who have the authority to se� le such Dispute. Nego�a�ons pursuant shared by a Registered Bidder across all formats, including but not
6.8 In the event the Buyer does not pay the Total Purchase Price within the the s�pulated closing �me of the bid. AstaGuru acknowledges that to this clause shall be requested by either Party by no�ce to the other restricted to – website registra�ons, social lead genera�on forms,
s�pulated �meframe provided under Clause 6.4 & 6.6, AstaGuru may at there may be a lag period between the Bidder placing the bid and the searchengineleadforms,etc.
Partyinwri�ng.
itsdiscre�ondisposetheLotasitmaydeemfit,includingbyare-auc�on. same being received and registered by AstaGuru. Bidders are advised 11.4 AstaGuru does not sell the personal informa�on of its Registered
to safeguard against such lags in placing individual bids by upda�ng 10.3 In the event that any Dispute is not resolved through nego�a�ons in
6.9 AstaGuru may at its discre�on use any third-party payment gateway Bidders. AstaGuru, however, does share personal informa�on with
theiraccountwiththerelevantProxyBid. accordance with Clause 10.2 above within 14 (fourteen) days a�er one
providers forcollec�ngpayments on itsDigitalPla�orms,eitherforthe Party has served a wri� en no�ce on the other Party reques�ng the third par�es for the purpose for marke�ng and analy�cs services to
deposit or the payment for the purchase of any item through auc�on, 8.5 AstaGuru and any of its affiliates and (as applicable) their respec�ve create and improve its marke�ng ac�vi�es, its own services and
or for any other purpose. Anyone who makes any payment though directors, officers, employees, representa�ves and advisors shall not commencement of nego�a�ons, either Party may elect to refer the provideabe� erexperiencetoitsclients/customers.
dispute to media�on by a Sole Mediator, who shall either be an
such third-party payment gateway shall be bound by the Terms & beliablefor anyerrors or omissions on theWebsite,inthecatalogueor Advocate having at least 10 years' prac�ce at the Bombay High Court 11.5 Un�l the Buyer pays the Total Purchase Price to AstaGuru, no �tle, right
Condi�ons of that payment gateway provider in addi�on to and not in inanymarke�ngcommunica�on.
with experience or training in Media�on, or a re�red High Court Judge. ofownershiporotherwiseshallbetransferredinfavouroftheBuyer.
deroga�on of these present Terms & Condi�ons. In the case of any 8.6 Each and every obliga�on under these Terms & Condi�ons of Sale shall The expenses for Media�on shall be borne equally by the Par�es. The
conflict, those provisions shall be upheld which provide the benefit of 11.6 AstaGuru reserves the right to store, maintain and use any data as it
be treated as a separate obliga�on and shall be severally enforceable Media�on can take place at any venue mutually convenient to the
data protec�on and privacy to the payer. AstaGuru does not retain any as such in the event of any obliga�on or obliga�ons being or becoming Par�es or even online through a video-conferencing applica�on or any may collect before, during or a�er any auc�on to provide any service in
Credit Card or Debit Card informa�on, and all such transac�ons are the present or future. AstaGuru shall also have the right to use such
unenforceable in whole or in part. To the extent that any provision or othersuitablepla�ormorapplica�on.
carriedoutonthethird-partypaymentgatewayprovider. data as it may see fit in order to analyse, improve and market its
provisions of these Terms & Condi�ons of Sale are unenforceable, they
10.4 In case of the failure of the media�on proceedings, any dispute arising services. These data shall include any personal informa�on, auc�on
6.10 AstaGuru may choose to receive payments through Bank Transfer or shall be deemed to be deleted from these Terms & Condi�ons of Sale out of or in connec�on with this Agreement, including any ques�on data,bidhistory,pricinghistory,etc.
Chequeoranyotherappropriatemeansofpayment. and any such dele�on shall not affect the enforceability of the
regarding its existence, validity or termina�on, shall be referred to and
remainder of these Terms & Condi�ons of Sale not so deleted provided
6.11 If any statutory requirements cannot be complied with for any reason thefundamentalTerms&Condi�onsofSalearenotaltered. finally resolved by arbitra�on in accordance with the Arbitra�on Rules
whatsoever, AstaGuru reserves the right to terminate the transac�on
andcanceltheSale.
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