Terms and Conditions

The conditions below apply to all auctions organized by Orientalist-Art.com. It is presumed that anyone who participates in any way in one of these auctions is aware of these conditions.

The terms and conditions are published on the website. Agreeing with the terms and conditions is also part of the registration process to participate in buying or selling at Orientalist-Art.com.

Contents

1. Buyer Terms

3. Rights and liabilities of Orientalist Art

Buyer Terms 

Orientalist Art provides a place where you can discover and present, special objects with an Orientalist and Islamic heritage or character. We want this to be a pleasurable experience for everyone, that is why it must be reliable and safe for all. Orientalist Art, buyers, and sellers have a shared responsibility to achieve this. To work well together we have some ground rules. If you want to use our auction to buy or share your objects, you need to accept and abide by these rules.    

The intention of the rules is to facilitate an open and honest process between all parties. This is achieved if all parties act with the best intentions. 

If you are experiencing technical issues or are not satisfied with our services in any way, please contact us at info@orientalist-art.com 

Article 1: Process for buying at auction

The catalogue of the auction will come online at least two weeks prior to the live auction. The catalogue will be published at:

• Orientalist-Art.com
• LiveAuctioneers.com
• Drouot.com
• The-Saleroom.com
• Lot-tissimo.com

1. Before being able to bid in our auction you first need to register as a client at orientalist-art.com. 
2. The auction will open for Pre-biding when the catalogue comes online.
3. The Live auction will start at the published date.
   • The starting bid in the Live auction, is the highest bid of the Pre-bidding part of the auction
4. The winner of the lot is the person with the highest bid in the Live auction (hammer price).
5. After winning a lot, you will receive an invoice including 
   • The Hammer price (your winning bid)
   • 25% buyers’ commission
   • A percentage according to your method of payment (Credit card, PayPal etc.)

Article 2: Bidding at auction 

A bid in the auction is binding. The highest bidder automatically enters into a contract of sale.

2.1. Information/investigation obligation

1. Descriptions in the catalog are provided by Orientalist Art and its staff to the best of their knowledge.
2. Before purchase, the buyer must carefully and expertly inspect the condition and description of an item in the catalogue and form an opinion about the extent to which the object corresponds to its description. 
3. If certain defects or imperfections are stated in the catalogue, this is intended to be an indication of the condition of the item. The absence of a condition statement is in no way a guarantee for the integrity or completeness of the lot.
4. Orientalist Art cannot be held liable for the correctness of the description in the catalogue or made known in any other way, of materials such as, types of wood, fabrics, alloys, earthenware, porcelain, precious metals and diamonds. 
5. The functioning of electronics and clocks, is not guaranteed by Orientalist Art. For this reason, no statements about the function of these items are made in the catalogue or verbally.
6. All items are sold in the condition in which they are at the time of assignment.

2.2 Bidding structure

Bidding takes place in the following steps:

Article 3: International purchases 

Please keep in mind that with international purchases exchange rates may apply. The exchange rate at the date you enter into a contract of sale will be applicable.

3.1. Buyers pay for transport and any additional costs (e.g. VAT, import levies, copyright, resale right)  

When entering a contract of sale, you also acknowledge and accept that you are responsible for checking if there is any specific rule or restriction applicable to the import of an object into your country. 

Article 4: Postage and Packaging

Shipment of the item(s) you buy in our auction is primarily the buyers responsibility. Be aware that shipping costs go up exponentially when the item is large and or heavy or has to be transported a great distance. If you do not want to be surprised by the extra costs, please check the shipping costs before you decide to bid. 

As a service to our buyers Orientalist Art can provide a shipment and packaging service for an additional fee. Please contact us at info@Orientalist-Art.com for information after you have paid your initial invoice. 

Handling and Packaging fees will vary between € 20 and € 50, depending on the condition and dimensions of the item.  

Shipping fees depend on the dimensions, weight, and destination of the item. They may also vary depending on the shipping company. 

Our preferred transport company is PostNL (Dutch Post) because they usually have the best rates and are reliable. 

Shipment

After we have received payment, we will ship your item(s) within 5 working days. You will receive a tracking number so you can follow the package. For your information we will also send you the transport documentation.

The package becomes your responsibility from the time we send you the tracking number. We will of course give information and help where possible. However, the moment the package leaves the country, our options to do so will be limited. You will be better of communicating directly with the transport company that transports your package in your country. 

Packaging

As you might imagine, as an online auction house we send and receive many packages. For environmental reasons and to lower the costs, we will reuse as much of the materials we can. 

Article 5: Returning an item

5.1 Take-back obligation

1. Unless expressly excluded for certain objects in the catalogue, Orientalist Art is willing to take back an auctioned object against simultaneous refund of the purchase price and auction costs charged. When: 
   • a claim is made within three weeks after the sale, 
   • the buyer proves to the satisfaction of Orientalist Art that the auctioned item has such serious hidden defects, or the description provided is so incorrect that if these defects or the correct description had been known to the buyer at the time of allotment, he would have renounced the sale or would have bought only at a considerably lower price,
   • this does not apply if the defects only concern the condition of the object (such as wear and tear and restorations, for example).
2. Orientalist Art is not prepared to take back an item if the description in the catalogue was revoked prior to or during the auction and the correct description was communicated to the public orally or in writing.
3. The willingness to take back also lapses if the buyer is unable to return the auctioned item in the same condition it was in when it was allocated, at the discretion of Orientalist Art. 

5.2. The EU right of withdrawal may be applicable to your contract of sale 

Consumers who reside in a country within the European Economic Area and who purchase an item from a Professional Seller will be entitled to withdraw from the purchase without stating the reasons within 14 days after receipt of the item (the ‘cooling off period’). 

5.3. The right of withdrawal may not be applicable to your purchase 

Please note, certain products and services are excluded from the withdrawal right, such as, but not limited to, gold, diamonds, bullions, and other products with fluctuating prices, that decay quickly, or have a limited shelf life. 
More information about the right of withdrawal can be found on the EU-website Right of Withdrawal Policy.  

5.4. If you withdraw from your purchase, you need to return the item

Under the right of withdrawal, you will need to return the item within 14 days of your withdrawal notification. The item must be returned with all the related accessories that were delivered and in original condition and intact packaging. You are only liable for any diminished value of the item resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the item. The entire purchase price, including the buyer commission will be refunded to you. However, you will bear the direct costs for transportation of the item. 

Article 6: Failure to fulfill your obligations

1. If the buyer fails to fulfill his obligations, under the contract of sale, you will be in default, and we will be entitled to dissolve the contract of sale. We will send you a notice of default and a notice of dissolution. 
2. We may also decide to cancel the transaction of the relevant item. This cancellation is not the same as a dissolution of the contract of sale. If we cancel the transaction, we can hold you liable for any and all damages and costs Orientalist Art sustains and/or incur as a result. This means you are still obliged the pay the buyer’s commission. 

Article 7: Failure to pay within the payment term

1. In the event your payment is not received within the payment term of one week, Orientalist Art may charge you interest equal to 3% of the total amount, per week, calculated from the date on which the payment term has expired. 
2. All judicial and extrajudicial costs are also for the account of the negligent buyer, which costs are estimated at 15% of the total amount, with a minimum of € 250, without prejudice to the right to recover the actual costs.
3. Orientalist Art also has the right, if the buyer exceeds the payment term and is therefore in default by operation of law, to dissolve the purchase agreement in writing. Any partial payments will lapse in the event of dissolution by way of compensation for damage to Orientalist Art, like a lower selling price. Orientalist Art also has the right to recover the full damage from the buyer and to immediately or later re-auction the item.
4. The negligent purchaser cannot claim any additional proceeds.

Article 8: You guarantee your purchase is legitimate 

1. You warrant that you do not buy the item as part of a fake transaction, enabling you and/or third parties to transfer the entire or partial purchase price and launder the money involved. 

Rights and liabilities of Orientalist Art

Article 1: Rights of Orientalist Art

1. To refuse persons as bidder or buyer without stating reasons
2. To change the order of the auction at any time
3. Drop or add items
4. To re-auction objects about which a dispute has arisen during or shortly after the auction, and to dissolve any purchase agreement
5. Orientalist Art is entitled to photograph, illustrate or otherwise depict all objects offered for sale in any way whatsoever, before, during and after the auction, taking into account the applicable legal provisions. 
6. Orientalist Art retains the copyright to all these images.

Article 2: Liability Orientalist Art

• Orientalist Art accepts no liability for any damage to frames of paintings or other works of art nor to any parts thereof such as glass coverings, passe-partouts etc., except in case of damage caused willfully or by gross negligence on the part of Orientalist Art and/or its employees or representatives.
• Orientalist Art accepts no liability for damage during transport. 
  • We will send your package with insurance, so please turn to the transport company in case of problems. 
• In no event is Orientalist Art liable for any damage/loss caused by interruption to business.
• In no event is Orientalist Art liable if the package is lost during transport. 
  • We will send your package with a tracking number and require a signature upon delivery, so please turn to the transport company if problems arise. 
• Entering the premises or surrounding areas is entirely at your own risk. Orientalist Art cannot be held liable for any accident, or any form of personal injury suffered on or in the vicinity of the premises or surrounding areas in use for consignment, storing or viewing, picking up the goods sold.
• Orientalist Art will do everything in its power to prevent problems in the auction process and ensure a smooth auction. In case of technical problems during the auction process (pre auction, live auction, after sales), Orientalist Art is not liable for any problems or perceived loss. 
  • In case of any problems during the live auction, results from the pre-auction will not automatically be declared the winning bid. The bids will be the starting bid at the next possible moment for the Live-auction.