Terms & Conditions
These terms and conditions of use shall govern your use of the sites www.saffronart.com, www.storyltd.com, and all other URLs forming part thereof (hereinafter referred to as "the Sites"). The Site is owned and managed by Saffron Art Private Limited, a company incorporated under the laws of India, having its principal place of business located at Ground Floor, Industry Manor, Prabhadevi Mumbai – 400025 (hereinafter referred to as "us or we" in the first person and "Saffronart" wherever the context requires). These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the users of the Site.
IMPORTANT: These terms and conditions are applicable only to the sale of fixed-price Objects on Saffronart including StoryLTD.com and not to auction lots. For StoryLTD auction terms & conditions, visit the "About the Auction" page for the particular auction.
Definition:
"Buyer" shall mean a person who is registered as a user to access the Website and buys an Object from the Website.
"Description" means all the details of an Object as set out in the Website and may include, without limitation, the name of the artist, designer or manufacturer, the title of the Object, and the following additional details:
1. For artworks: the signature of the artist/ date of the Object (if any), the surface, medium and dimensions, year, provenance and any additional information related to the Object.
2. For jewellery, watches, objects and precious stones: any other features or weight or characteristics of the Object mentioned on the Website "
"Object" means the artwork, jewellery, watches, objects, loose precious stones and other such articles offered by Saffronart for sale either individually or collectively (as a single unit) through the Website.
“Seller” means the entity that has consigned the Object for sale on Saffronart Websites, and who Saffronart is representing as an agent.
“Website” means all publicly accessible websites owned by Saffron Art Private Limited, including websites accessed through the StoryLTD.com and Saffronart.com domains.
General terms:
1. An Object made available for sale on the Website may not always be in the physical possession of Saffronart and may be physically located anywhere in the world.
2. The price of an Object listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Object as well as the shipping address provided by the Buyer. The address provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Object.
3. The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the Object.
4. All invoices will be raised by Saffronart based on the registration information provided by the Buyer or amended at the time of finalizing a purchase and payments will be accepted only from the Buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until Saffronart determines whether a variation from the registration details may be accepted. Acceptable modes of payment will be outlined in the invoice generated. Saffronart and its affiliates will not be held responsible for any refusal or failure to accept modes of payment not outlined in the invoice.
5. Placing an order on the Saffronart Websites constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Saffronart within 3 working days on account of a default by the Seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Saffronart (acting as the agent of the seller) and the Buyer.
6. Saffronart shall have the right to cancel any order placed on Saffronart Websites, at any time prior to the delivery of the Object, without assigning any reason whatsoever.
7. Saffronart shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Object. In the event of such an error, Saffronart reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
8. Once an order is placed on Saffronart the Buyer is required to make payment for the price of the Object as well as the charges referred to above within 3 working days from the date of placing the order. In the event that Saffronart does not receive payment within 3 working days Saffronart reserves the right to cancel the order without prior notice to the Buyer.
9. The Object will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by Saffronart are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the Buyer chooses to himself collect the Object from Saffronart he must do so within two weeks of Saffronart receiving the payment. In the event that the Object is not so collected within a period of two weeks, Saffronart shall at its discretion either (a) arrange for storage of the Object at the Buyer's expense, and shall only release the Object after payment has been made in full for storage, insurance and any other overdue payments from the Buyer, or (b) dispose off the Object in any manner it sees fit and refund the payment received from the Buyer less costs related to storage, insurance and disposition.
10. You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
11. By providing your email address to Saffronart, you consent to be notified from time to time of important announcements from Saffronart including new services and changes to existing services.
12. By registering with StoryLTD or making a purchase from StoryLTD, you consent to be automatically subscribed to the “What’s the Story?” newsletter or its equivalent, currently sent out on a bi-weekly basis. You may unsubscribe from this newsletter at any time by clicking the “unsubscribe” link at the bottom of the emails.
13. Saffronart is authorized by the Sellers to exercise complete discretion in (i) the illustration and descriptions of Object for viewing and sale and (ii) acceptance or rejection of orders received
14. All Artworks displayed on the Website are supported by an authenticity guarantee from Saffronart on behalf of the Seller.
15. Saffronart is not obligated to provide any physical preview of the Object either before or after the sale . Saffronart is in no way liable for the condition of the Object or any actual or consequential damages resulting from use of the Object. Condition reports are provided on request and are based on the information provided by the Seller. Following such a request, if Saffronart is of the view that there is a significant difference in the physical condition of the Object relative to its appearance as displayed on the Website, an email will be sent to the Buyer regarding the differences and Saffronart will await the Buyer's decision to proceed with the order.
16. Cancellations, Returns and Refunds: The Buyer may cancel a sale only within 2 hours of the sale being completed, and if the sale has not been processed by Saffronart, by informing [email protected]. Saffronart will accept returns of an Object and issue a refund to the Buyer only if the Object is delivered to the Buyer damaged and Saffronart is accordingly informed by the Buyer within 12 hours of delivery of the Object at [email protected] , and Saffronart is not able to replace the Object within a period of 7 days.
17. Buyers with Indian billing addresses are invoiced in INR and buyers with non-Indian billing addresses are invoiced in USD based on the price displayed.
18. The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Saffronart at the time of purchase or earlier. Saffronart is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Saffronart forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored upon the buyer furnishing information to the satisfaction of Saffronart.
19. Saffronart reserves the right to change the terms, conditions, and notices under which the Websites are offered, including but not limited to the charges, if any, associated with the use of the Websites. You are responsible for regularly reviewing these terms and conditions.
20. You shall use the Websites in good faith and for the essential purposes for which the Websites are intended. Unless otherwise specified, the Websites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites.
21. The Websites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Saffronart and Saffronart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Saffronart is not responsible for webcasting or any other form of transmission received from any Linked Site. Saffronart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Saffronart of the site or any association with its operators.
22. As a condition of your use of the Websites, you warrant to Saffronart that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party's use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
23. Any data you provide to Saffronart is governed by the terms of our "Privacy Policy"
24. Software (if any) that is made available to download from the Websites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Saffronart and/or its suppliers. Saffron hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
25. The information, software, products, and services included in or available through the Websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Saffronart and/or its respective suppliers may make improvements and/or changes in the Websites at any time. Advice received via the Websites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
26. Saffronart and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Websites for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Saffronart and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
27. In no event shall Saffronart and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Websites, with the delay or inability to use the Websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Websites, or otherwise arising out of the use of the Websites, whether based on contract, tort, negligence, strict liability or otherwise, even if Saffronart or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Websites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Websites.
28. Saffronart reserves the right, in its sole discretion, to terminate your access to any or all Websites and the related services or any portion thereof at any time, without notice.
29. These Terms and Conditions of Use are governed by the laws of (i) India in the event 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. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in the event that the seller is located in India; and New York, USA, in the event that the seller is located in any jurisdiction other than in India, in all disputes arising out of or relating to the use of the Websites. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Saffronart as a result of this agreement or use of the Websites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Saffronart with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Saffronart with respect to the Websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
30. All contents of the Websites are copyright protected in favour of Saffronart and/or its suppliers. All trademarks, names, brand names, etc. used on the Websites are either trademarks or registered trademarks of Saffronart or its associated companies. Any rights not expressly granted herein are reserved.
31. You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks and antiquities from the Websites. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you.
32. Please refer to the terms of our Privacy Policy and Authenticity Guarantee, which together with these terms and conditions govern your use of the Websites.