The conditions below apply to all auctions organized by Orientalist-Art.com. Anyone who participates in any way in one of these auctions must be 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

2. Seller 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

1. The catalogue of the auction will come online two weeks prior to the live auction
2. Registration for the auction is possible when the catalogue is published
   1. Before you register for an auction, you first register as a client at orientalist-art.com. 
3. The auction will open for Pre-biding when the catalogue comes online
4. The Live auction will start at the published date
5. The starting bid in the Live auction, is the highest bid of the Pre-bidding part of the auction
6. The winner of the lot is the person with the highest bid in the Live auction
7. After winning a lot, you will receive an invoice including 
   1. The Hammer price (your winning bid)
   2. 25% buyers’ commission
   3. A percentage according to your method of payment (Credit card, PayPal etc.)
8. After the invoice is paid, we will arrange packaging and send your item(s) within 5 working days
9. You will receive a tracking number after we have handed the item(s) over to the shipping agent

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 his 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 is 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

1. Bidding takes place in the following steps:

Article 3: International purchases 

1. 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)  

1. 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

1. Orientalist Art provides a postage and packaging service. 

• After you have won one or more lot’s we will send you an invoice including shipping and packaging fees.
• The shipping fee will be based on the address you provide in your registration. If this is incorrect or changes, please inform us as soon as possible. 
• Packaging fees will depend on the item. 
• When the invoice is paid, we will arrange packaging and send your item(s) within 5 working days. 
• You will receive a tracking number after we have handed the item(s) over to the shipping agent. 

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).

1. 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.
2. 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. 

Seller 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 Selling at auction

1. If you want to sell an item in our auction, please contact us at info@orientalist-art.com

In your e-mail please include:

1. Pictures
2. Description of the item
3. Minimum selling price
4. Contact details
5. If we find the item appropriate for our auction, you can bring or send the item to us, at your cost
6. After we have received the item, we will confirm this by sending you an agreement to sell
7. When the auction date is set, we will inform you by e-mail
8. When the item is sold, you will receive a confirmation of sale
9. Payment will take place after we have received this from the buyer
   1. The payout amount will be the selling price minus a 15% sellers’ commission and, if applicable, costs of the payment method
   2. The payout will take place after the buyer had made the payment
   3. This will be no sooner than 14 days after we have received the payment, in order to be able to comply with the EU Right of withdrawal policy
10. When the item is not sold, you have the choice:
    1. Retrieve the item, we will return it to you after receiving your payment for postage and packaging
    2. Enter it into an upcoming auction

Article 2: Payment

2.1. Receiving payment

1. If your item is sold at auction payout will take place no sooner than 14 days after we have received the payment from the buyer. 
2. EU consumers have the Right to withdraw from the sale as is described below.

2.2. EU right of withdrawal 

1. EU legislation states that a buyer, in the European Economic Area (EEA), has a 14-day period in which they have the right to change their mind without providing a reason for doing so. If you sell an object via Orientalist Art, we expect you to comply with this legislation. 

More information about the right of withdrawal can be found on the EU-website Right of Withdrawal Policy.  

Article 3: Selling at auction

3.1. Description of the item 

1. In order for the buyer to have the right expectations, it is imported that you provide a clear and comprehensive description of your Item. A complete and accurate description avoids disappointment at a later time.  
2. We advise you to at least provide information about: 

• A correct, complete, and accurate description of the item 
• Information about the condition and classification of the item 
• One or more clear photographs that accurately represent the current state (including any defects or deficiencies), features, and other particulars of the item 
• The selling price
• Any other information or conditions related to the offer

3.2. Authorized seller 

1. By offering the item in our auction you guarantee that you are entitled and authorized to sell the Item.  
2. This means you are not: 

• Violating any law or regulation 
• Infringing on any rights of third parties, including rights from agreement and Intellectual Property Rights 
• Acting in a way that is fraudulent in general 

• Acting in a way that is unlawful and/or fraudulent towards third parties or Orientalist Art 

Article 4: Buyer defaults on payment 

1. If the buyer does not pay in accordance with their obligations under the buyer terms, we will send them multiple payment reminders. 
2. If, after our reminders, the buyer still does not pay, you agree and acknowledge that we may cancel the transaction. 
3. Cancellation of the transaction is not the same as a dissolution of the contract of sale. 

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 accept 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
• In no event shall Orientalist Art be liable for any damage/loss caused by interruption to business
• 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, except in case of damage caused willfully or by gross negligence on the part of Orientalist Art and/or its employees or representatives and/or except insofar as such accident/personal injury is covered by the insurance of Orientalist Art
• Entering the premises or surrounding areas is entirely at your own risk.
• 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.