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EYE WITHIN ART PRIVATE LIMITED, a company incorporated under the Companies Act, 1956/2013, having its registered office at No. 34, Southern Avenue, Kolkata-700 029, hereinafter referred to as “EYE WITHIN ART”, is engaged in the business of buying, selling and conducting online auctions of artworks through its website www.eyewithinart.com .
The purchase and sale of artworks through online auctions shall be governed by the following Terms and Conditions. :contentReference[oaicite:0]{index=0}
2.1 To participate in an auction, a Prospective Bidder must complete registration and verification requirements and provide necessary documents.
2.2 Registration must be completed at least 3 Business Days before the Auction Date.
2.3 The Prospective Bidder must submit:
2.4 EYE WITHIN ART reserves the right to reject registration at its discretion.
2.5 A Security Deposit may be required based on bidding limits:
| Security Deposit | Bidding Limit |
|---|---|
| ₹10,000 | ₹1,00,000 |
| ₹50,000 | ₹5,00,000 |
| ₹1,00,000 | ₹10,00,000 |
| ₹2,50,000 | ₹25,00,000 |
| ₹5,00,000 | ₹50,00,000 |
| ₹10,00,000 | ₹1,00,00,000 |
2.6 EYE WITHIN ART reserves the right to request additional information or bank references from prospective bidders.
2.7 Bidding access shall be granted at the sole discretion of EYE WITHIN ART upon completion of registration formalities.
2.8 Bidding access will be provided at least 24 hours prior to the Auction Date.
2.9 EYE WITHIN ART may cancel bidding access without assigning any reason.
2.10 EYE WITHIN ART may withdraw any Lot at any time if authenticity is in doubt.
2.11 Completion of sale may be postponed until verification formalities are completed.
2.12 Registration may be refused at the sole discretion of EYE WITHIN ART.
2.13 Registered email and phone number cannot be changed without proper verification.
3.1 Reserve Price is confidential and not disclosed to bidders.
3.2 Estimate Price is based on average market value.
3.3 Estimate Price is only a guideline and not the final price.
3.4 Prices do not include:
3.5 Bidders should conduct independent research before bidding.
4.1 Auction catalogues will be available at least one week prior to the Auction Date. EYE WITHIN ART may withdraw any Lot if authenticity is in doubt. :contentReference[oaicite:0]{index=0}
Bidders will receive updates via email and mobile alerts about bid status.
4.8 Bidding constitutes an irrevocable offer.
4.9 Bids can be placed in INR or USD.
4.10 Bids may be accepted or rejected at discretion.
4.11 Highest bid may be rejected.
4.12 Bids cannot be cancelled once placed.
4.13 Winning bid must exceed Reserve Price.
4.14 Auction extends by 3 minutes if last-minute bids occur.
4.15 Sale may be rescinded within 7 Business Days.
5.1 EYE WITHIN ART assures authenticity of the Lot based on information from the source/owner. However, it is not liable for accuracy. Buyers are advised to conduct independent verification. :contentReference[oaicite:0]{index=0}
5.2 Buyers may raise authenticity claims within 1 month of receiving the Lot. Claims can only be made by the original Buyer.
5.3 Conditions for authenticity claims:
5.4 If proven inauthentic, refund of Total Purchase Price (excluding shipping) will be issued, subject to recovery from original owner.
5.5 Buyer must cooperate in legal recovery if original owner fails to refund.
5.6 Buyer bears authentication-related expenses.
6.1 Ownership transfer occurs only after full payment is received by EYE WITHIN ART.
6.2 Total Purchase Price includes:
6.3 Invoice will be issued within 3 Business Days of Auction Date.
6.4 Payment must be made within 7 days of invoice date.
6.5 International buyers are responsible for import duties, taxes, permissions, and charges in their respective countries.
6.6 Indian buyers must pay in INR; others in USD. Full payment must be ensured despite currency fluctuations.
6.7 Buyer must pay all applicable taxes, transportation, and charges before delivery.
6.8 Late payment penalty:
6.9 Non-payment will be treated as breach and dispute initiation.
6.10 EYE WITHIN ART may re-auction or dispose of the Lot in case of non-payment.
7.1 Lot will be shipped within 7 days after full payment is received. :contentReference[oaicite:0]{index=0}
7.2 Delivery timelines are estimates and not guaranteed.
7.3 Buyer may collect the Lot at their own expense.
7.4 Storage fee of 2% per month applies after 30 days.
7.5 Buyer is responsible for insurance during transit.
7.6 Shipping method is decided by EYE WITHIN ART unless buyer requests otherwise.
7.7 International shipping costs and risks are borne by the Buyer.
7.8 Responsibility transfers to Buyer after dispatch.
8.1 Lot descriptions are based on available information; buyers should verify independently.
8.2 No liability for transit damage.
8.3 No liability for website technical issues.
8.4 No liability for delayed or rejected bids due to lag.
8.5 No liability for errors in website, catalogue, or marketing content.
9.1 Winning bid creates a binding contract.
9.2 Lots are sold “as is” with all imperfections.
9.3 Buyer bears all shipping and handling costs.
9.4 Buyer is responsible for applicable taxes and duties.
9.5 Antiquities cannot be exported without permission.
9.6 Buyer must register notified antiquities with ASI.
9.7 Buyer is responsible for delays caused by network lag.
10.1 Governed by laws of India.
10.2 Disputes resolved amicably or via arbitration in Kolkata.
10.3 Arbitration costs shared equally.
10.4 Arbitration continues even if one party fails to participate.
10.5 Notices shall be sent via email, post, courier, or hand delivery.
Buyers must read all terms before bidding. Registration and participation confirm acceptance of these conditions.
11.1 Lots are sold “as is” with no warranty.
11.2 Images and condition reports are indicative only and may not reflect actual condition.
11.3 Estimates are based on market value but are not guaranteed selling prices.
12.1 Terms may be updated without notice.
12.2 Invalid clauses do not affect remaining terms.
12.3 User data may be stored and used by EYE WITHIN ART.
12.4 Data may be shared with third-party service providers.
12.5 Ownership transfers only after full payment.
12.6 Data may be used for analytics and service improvement.
12.7 Courts at Calcutta have exclusive jurisdiction.
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