Definitions

General Items

By participating in this Auction, you acknowledge that you are bound by the Conditions of Sale as listed below and on the Website.

• Artiana's role as the agent of the Seller: Artiana undertakes to sell the Properties through Auction as the agent for and on behalf of the Seller.

• Making a Bid constitutes an irrevocable offer to purchase the Property and the acceptance of a Bid as the Winning Bid by Artiana shall result in an enforceable contract of sale between Artiana, acting solely as the agent of the Seller, and the Winning Bidder.

• Artiana is authorised by the Seller to exercise its complete discretion in:

  • determining the form and content of the Descriptions in the Auction Catalogue,
  • granting bidding access to a Bidder,
  • recording, rejecting or accepting Bids, and
  • deciding which Bid constitutes the Winning Bid, if any.

  (Bidding access shall be given at Artiana's discretion and Artiana may set limits on the total value of all Bids made and/or the number of Bids that may be made by a Bidder. Artiana may also require payment guarantees and/or deposits as a condition precedent to giving bidding access to a Bidder. Bidders will be informed of the limits on the total Bid value and/or the number of Bids that they may make, if any, and will not be allowed to bid further if either of such bidding limit has been exhausted. Bid updates and time extensions, if any, shall be updated on the Website and Mobile Application. On both, the Website and the Mobile App, Bidders may refresh their bidding pages by clicking on the “Refresh Now” icon or the re-load/refresh buttons on their browsers, where applicable. Artiana shall evaluate the bid histories of specific Lot Groups periodically to preserve the efficacy of the Auction process. This exercise may be conducted by Artiana internally or through third parties solely at the discretion of Artiana.)

• Closing Times

  For the convenience of Bidders, particularly those who are placing Bids on more than one lot, Lot Groups are scheduled to close at 20 minute time intervals during the Auction.

  The Bidding for various Lot Groups shall be closed in accordance with the Bid Closing Schedule. However, in the event that Artiana records any bidding activity in the 5 minutes prior to the closing of a Lot, the Closing Time for such a Lot shall be extended by 5 minutes from its originally scheduled Closing Time. The Closing Time shall continue to be extended in 5 minute increments for any subsequent bidding received in the 5 minutes prior to the closing of such Lot. In the event that the Closing Time is extended in accordance with this Clause, bidding on the Lot shall only end if no bidding activity is recorded by Artiana during the last 5 minutes of extended time. Bidders are advised to click on the “Refresh Now” icon on the Website page or in the Mobile Application at regular intervals in accordance with the provisions of Clause 2.5 for updates on latest Bids and time extensions if any.

• Tracking Bids

  The Website shall contain a link titled “Lots I Bid On” within the page “Current Auctions” and the Bidder may click on this link to access information on all Bids made on various Lots. For ease of tracking Bids, Bidders are advised to assign bidding nicknames to themselves.

  The Website and Mobile Application shall contain:

  • The Bid history for each Lot, being the last 5 Bid amounts that have been recorded until and including the current highest Bid; and
  • A countdown clock indicating the amount of time available for placing Bids before the Closing Time.

  The Bid history, current Bid, and countdown clock shall be accurate at the time of downloading of those values, provided that such information has not changed during the time taken for this information to reach the Bidder's computer or mobile device from the Artiana Server. The most updated Bid values shall be shown only when the Website page or the Mobile Application page containing the information on Bid values is refreshed; which shall happen either automatically at regular intervals (Every 5 minutes prior to one hour before the closing time of the first Lot/Lot Group and every 1 minute within the last hour of the closing time of the first Lot/Lot Group and shall continue refreshing every minute till the close of the last Lot/Lot Group) or when a Bidder clicks on the “Refresh Now” icon on the Website page or in the Mobile Application page.

  When the countdown clock counts down to zero, in the case where the Closing Time with respect to a particular Lot has been extended by a further 5 minutes pursuant to Clause 2.4 above, the countdown clock may not reflect such extension. As such, the Bidder may wait for the values on the page to refresh automatically on the Website, or click on the “Refresh Now” link on the page or in the Mobile Application to determine whether the Closing Time has been extended for that lot.

  The countdown clock combined with the current highest Bid as shown in the Bid history on the Website shall only be an indication of the highest Bid amount at the time when the values on the Website or Mobile Application were refreshed in the manner set out in Clause 2.5 above. Should bidders want more frequent updates, they are advised to refresh values as described in Clause 2.5 in order to view the most updated Bid history and countdown clock.

  Due to the nature of Internet and/or mobile traffic, there may be an unpredictable time lag between a Bidder placing a Bid, and that Bid being received by Artiana. Therefore, although a Bidder may have placed his/her Bid prior to Closing Time, Artiana may receive the Bid after the Closing Time for the Lot with respect to which the Bid has been placed and shall, in such an event, be rejected. In order to prevent Bids being rejected in such a manner, Bidders may set Proxy Bids/Maximum Bids for Lots on which they wish to Bid. Written/Absentee Bids may be recorded with Artiana 12 hours prior to the first Closing Time, subject to the other provisions of these Conditions of Sale, including any limits imposed by Artiana on the number of Bids that might be placed by a Bidder.

• Bidders are advised to keep their Artiana ID and password secure at all times. Artiana will hold the Bidder responsible for all bids placed using their Artiana ID and password, whether via the Website or a mobile device. Bidders using the Mobile Bidding Application are advised to keep their mobile devices secure and set passwords for them to prevent unauthorized use.

• Artiana reserves the right to withdraw any Property before, during or after the Auction, if it has reason to believe that the authenticity of the Property or the accuracy of the Description is in doubt, or if there is a breach of the Terms of Business, or in the case of error or dispute, or if Artiana otherwise believes, at its sole discretion, that it would be improper to include the Property in the Auction, and can during or after the Auction continue the bidding, determine the successful Bidder, cancel the sale of the Lot, or re-offer and resell any Lot.

• All Properties shall be sold subject to the Reserve Price. If the Winning Bid is below the Reserve Price, the Property shall be considered unsold except in such case where the Winning Bid is a Proxy Bid and the maximum limit on the Proxy Bid either matches or is higher than the Reserve Price. In such cases the Property shall be sold at Reserve Price to the Proxy Bidder. The Reserve Price on each Property shall be confidential and Artiana shall have no obligation to disclose the same to any Bidder.

• Artiana will invoice the Buyer for the Sale Price (Hammer Price/Winning Bid Price), VAT (if applicable) and any additional charges that may be incurred by Artiana or is applicable on the sale, including shipping and handling of the Property.

• The title to the Properties purchased in an Auction shall pass to the Buyer at the Closing Time subject to the conditions in clause 2.7 for those Properties where a Buyer holds the Winning Bid and said Buyer assumes full risk and responsibilities for the Properties thereafter. Properties purchased will not be released or shipped out to the Buyer or his representative until the Buyer has fulfilled his payment and other obligations as described in these Conditions of Sale. Artiana may exercise a lien on the Properties under the conditions described in clause 2.17.

• Bidding Increments will be calculated as shown in the Bidding Increment table below.

  Upto USD 2,000	by USD 100
  USD 2,000 to USD 5,000	by USD 200
  USD 5,000 to USD 10,000	by USD 500
  USD 10,000 to USD 50,000	by USD 1,000
  USD 50,000 to USD 100,000	by USD 2,000
  USD 100,000 to USD 200,000	by USD 5,000
  USD 200,000 and upwards	by USD 10,000

• The Auction is conducted in United States Dollars (USD) and, for any transaction in other currencies, the exchange rate will be calculated as per the sheet rate of the bank specified by Artiana on the date of either receiving the funds from the Buyer or remitting the funds to the Seller. In the case of payments for purchases being made in UAE Dirhams (AED), a standard conversion rate of 1 USD = 3.675 AED will apply.

• All Bidders are required to provide complete and accurate invoicing details to Artiana at the time of registration for the Auction. Invoicing details, once registered, will not be changed. The Bidder shall be invoiced based on details provided at the time of registering for the Auction. For any and all transactions from Rest of World except the UAE invoicing and/or payments are processed by Artiana Limited a company duly incorporated under the RAK ICC Business Companies Regulations 2016 bearing registered number IC20120900; and for any and all transactions from within the UAE invoicing and/or payments are processed by Artiana Limited a company duly incorporated under the Dubai International Financial Centre bearing registered number 2249.

• The Winning Bidder shall pay the Sale Price in full (including any additional charges, if applicable) within seven business days from the Closing Date. No shipment or delivery of the Property will be made to the Winning Bidder if the Sale Price, and any other additional charges that may be payable by the Buyer, are not received by Artiana and until all proper documentation in connection with the sale of the Property has been completed. Payments will not be accepted from any parties other than the Winning Bidder as recorded on the invoice.

• Non payment

  The Winning Bidder shall ensure that invoices provided by Artiana are paid in full and all remittance of amounts due under said invoice is made within seven business days from the date of the invoice. In the case that payments are not received within such period, it shall be treated as a breach of contract of sale by the Buyer and, in such an event, Artiana is authorised at its sole discretion to cancel the sale upon expiry of this stipulated period of seven business days without being obliged to inform the Buyer of the same, and the Seller authorises Artiana to take any steps (including reporting the late payments, missed payments, or other defaults on the account to any credit bureau and the institution of legal proceedings), as deemed appropriate, to enforce the full or any differential payment due by the Buyer. In addition, the Buyer will be charged demurrage @ 2% of the total value (Winning Bid) per month until the date of actual payment.

• Failure to collect

  If the Buyer informs Artiana that he wishes to collect the Property from Artiana in person and such Property is not collected by the Buyer within 15 days from the auction closing date, Artiana shall arrange for storage of the Property at the Buyer`s expense, and shall only release the Property after payment has been made, in full, including demurrage @ 2% of the total value (Winning Bid plus any other additional charges, if applicable) per month and the charges for storage of the Property, if any.

• Artiana shall be entitled to exercise a lien on the Property for payment of any sums receivable from the Buyer, including the Sale Price and costs relating to storage and insurance where they are to be borne by the Buyer, in relation to any Property purchased by the Buyer.

• Artiana reserves the right to not award the Winning Bid to the highest Bidder at the Closing Date if it deems it necessary to do so.

• The Buyer acknowledges that Artiana will abide by any export restrictions that may apply in the countries from where specific Property(ies) will be shipped. The Buyer shall also be responsible to ensure that the Property(ies) is freely importable into the country where such property(ies) are intended for delivery (as specified by the Buyer). In the event the Buyer or Artiana become aware of any restrictions to such import subsequent to the completion of the Auction, the Buyer may provide an alternate delivery destination to Artiana. (Such restrictions on import of any Property/Lot purchased by a Buyer shall not qualify as grounds for the Buyer to cancel such sale under any circumstances). All costs associated with the process of delivery and storage (when required) of the Property(ies) shall be borne by the Buyer. The Property(ies) shall be handed over to the Buyer, or his nominee, only upon full payment of all such costs.

• Artiana has the right to exercise reasonable discretion in setting bid increments as per Clause 2.11 or otherwise, refusing any bid, advancing the bidding, withdrawing or dividing any lot, combining two or more lots; and in the case of error or dispute, during or after the sale, determining the successful bidder, continuing the bidding, cancelling the sale or reoffering and reselling the item in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary, the sale record maintained by the auctioneer will be conclusive.

• Written Bids are accepted from Bidders once they have been given bidding access for the Auction. These are entered as Proxy Bids, and may not be stopped or altered by the Bidder once the Auction has commenced. Written Bids are accepted until twelve hours prior to the first Closing Time.

• Artiana employees may not bid in the Auction once the Auction has started. They may however submit a Written Bid for an amount that may be equal to or above the lower estimate of a Lot before the Auction commences and have a Proxy Bid placed on their behalf. Once the Auction has begun, they may only increase their Proxy Bid.

• Artiana employees may bid in charity auctions that are held on the Artiana Auction platform.

• Sellers are not allowed to bid on the particular Lot(s) they have consigned.

• Artiana does not place or allow any Bids to be placed on behalf of the Seller. All of the Bids recorded at Artiana are from registered Bidders.

• Once a Bid is registered in our system, whether placed by an active Bidder or by Proxy, it is immediately and automatically displayed for all registered users to see.

• Technical Downtime

  In the unlikely event that the Website is inaccessible to Bidders worldwide due to Technical Downtime within the half an hour prior to the scheduled Closing Time for any of the Lot Groups, the Closing Time of that Lot group and subsequent Lot Groups will be extended by the duration of the Technical Downtime. In case the Technical Downtime extends beyond the Closing Time for a particular Lot Group, the Website shall, after the Technical Downtime, show the Auction for the particular Lot Group as closed. However, the Closing Time for such Lot Group and subsequent Lot Groups shall be extended by the duration of the Technical Downtime and appropriate details of the extension shall be published on the Website shortly after recovery from the Technical Downtime. Note that any malfunction in the Mobile Application does not constitute Technical Downtime. In the event of such malfunction, Bidders should use the Website to place Bids.

• Bids recorded prior to any Technical Downtime will be treated as valid according to the Conditions of Sale. Artiana shall not be liable for any loss of information due to the Technical Downtime. The data logs of the Artiana Server will determine the duration of the Technical Downtime and any determination made by Artiana in respect of extension of the Closing Time shall be final.

Catalogue Descriptions and Condition

• Artiana offers all Properties for sale at the Auction “as is”, which means that Property is sold with all existing faults and imperfections. Measurements are given as Height x Width x Depth in decimal inches (rationalized to the closest 0.25, 0.5, 0.75) and in decimal centimetres. Artiana encourages all potential Buyers to inspect each item carefully before bidding.

• Any statements made by Artiana about any Property, whether orally or in writing concerning attribution to, for example, any school of art or craftsmanship, country or origin, history or provenance, are only expressions of Artiana's own opinion or belief. Such opinions or beliefs including the estimate values of the properties have been formed honestly in accordance with the standard of care expected of an auction house. However, Artiana does not in anyway represent that it has carried out exhaustive research or analysis, and it is therefore recommended, especially in cases of Properties of high value, that potential Buyers seek advice on such matters from their own professional advisors.

• The Buyer undertakes:

  • to inspect and satisfy himself prior to the Auction as to the condition and description of the Property;
  • to rely on his own judgment as to whether the Property matches its description; and
  • to not rely on an illustration of any Property given in the Catalogue

• Neither Artiana nor any of its affiliates, agents, representatives, employees or directors shall be liable for errors or omissions in any of the representations made in the Auction Catalogue or otherwise with respect to authenticity, description, or condition of any Property for sale through the Auction.

Authenticity Guarantee

• Artiana provides an assurance on behalf of the Seller that each piece of art (not including Precious Objects) offered for auction, is a genuine work of the artist listed. Artiana guarantees the authenticity of such artwork for a period of six months from the date of collection of the Property/Lot. Authenticity in relation to artworks shall mean compliance of the artwork with the description provided on the website, particularly with reference to the name of the artist, title (if any) of the artwork, date, the school of art (if mentioned), dimensions, medium etc.

  In the unlikely event that within six months from the collection of the artwork, it is proved by the Buyer, to the reasonable satisfaction of Artiana, that the item was not authentic and if, in Artiana's opinion, this would have significantly impacted the Winning Bid for the item, Artiana shall be entitled to rescind the sale. In such an event, the Seller will be liable to refund the payment for the item to the Buyer, through Artiana. The item in question will subsequently be returned to the Seller.

  All such claims will be handled on a case-by-case basis, and in the case of an authenticity claim in relation to an artwork, examinable proof, clearly demonstrating that the item is not authentic, will be required. Such examinable proof should be provided by an established and acknowledged authority. Artiana's decision, with regards to such claims, shall be final and binding.

• The above guarantee given in clause 4.1 shall be subject to the following conditions:

  • The claim is made by the Buyer as registered with Artiana (the benefit of the claim is not assignable to any subsequent owners or others who may acquire or have an interest in any of the Properties)
  • The Property is returned in the same condition that it was in at the time of delivery of the Property to the Buyer.
  • The Property was indisputably purchased through Artiana.

• In the case of Properties which have been categorised by Artiana as Precious Objects, Artiana provides an assurance, on behalf of the Seller, that each piece shall comply with characteristics or features mentioned in the Description of the Property in the Auction Catalogue for as long as the Property is in the possession of Artiana. All colored stones unless certified may or may not be treated for enhancements. It is therefore advisable for Buyers or potential Buyers of such Properties, to inspect the Property prior to bidding or prior to shipment or Buyer pickup from Artiana

  In the unlikely event that during such inspection, the Buyer is able to prove to the reasonable satisfaction of Artiana that the Property does not match the details in the Description, and if, in Artiana's opinion, Bidders being aware of such error or omission would have bid significantly less than the actual Sale Price, Artiana shall be entitled to rescind the sale and the Seller will be liable to refund to the Buyer the Sale Price paid for the Property; and Artiana shall hand over the Property to the Seller upon refund of the Sale Price paid to him for the Property. Once Artiana obtains the refunded amount from the Seller, it shall forward the same to the Buyer. This guarantee will not be applicable where the Property is being shipped to the Buyer by Artiana.

• In the case of Properties such as antiquities or items of historical interest which have been categorised by Artiana as Cultural Artifacts, Artiana provides an assurance, on behalf of the Seller, that each object of antiquarian or historical interest or significance has been acquired without violating any local or international laws.

  In the unlikely event that it is proved that the acquisition, provenance and/ or ownership of such Cultural Artifacts offered at our Auction is subject to a legal dispute, the Buyer shall keep Artiana indemnified from any such legal proceedings.

• In all cases Artiana retains the right to consult with, at the expense of the Buyer, up to two recognized experts in the field (such experts being mutually acceptable to Artiana and the Buyer), to examine the Property under question before deciding to rescind the sale and offer the refund under the above guarantee. The opinion of the experts shall not be binding on Artiana.

• In the event of the Seller's failure to refund the proceeds as stated in this clause, the Buyer shall return the Property to Artiana and authorize Artiana as its agent to initiate legal proceedings against the Seller. Any such steps taken or legal proceedings instituted by Artiana, against the Seller, shall be at the cost of the Buyer and Artiana's liability shall be limited as per Clause 5.1.

Extent Of Artiana's Liability

• Artiana has an obligation to refund the Sale Price to the Buyer only upon recovery of such amounts from the Seller and in the circumstances described in Clause 4 above (Authenticity Guarantee). The Buyer indemnifies Artiana from any non-recovery of such amounts and agrees that they shall not hold Artiana responsible in case such amounts are not recoverable from the Seller. Damages, losses or loss in value of any artworks (including frames) incurred during shipping and transit are not covered as per the insurance policy taken by Artiana. In case the Buyer opts for transit insurance coverage arranged for by Artiana by any of their insurance providers, Artiana shall not entertain any direct claims for damage or loss during shipping and transit and these would have to be directed to such insurance providers; Subject to the authenticity guarantee above, neither Artiana's suppliers nor Artiana, nor any of Artiana's employees or agents, shall be responsible, either for the correctness of any statements as to the authorship, origin, date, age, attributes or genuineness of any Property in the sale, or for any mistakes in the Description, or for any faults or defects in the Properties, or for any other act or omission, whatsoever. Artiana offers no guarantee or warranty other than the limited assurance contained in the authenticity guarantee above.

• It is stated and agreed that the rescission of the sale and the refund of the total Sale Price paid by the Buyer is the sole remedy that may be sought by a Buyer, and such remedy is exclusive and in lieu of any other remedy which may otherwise be available under law.Artiana shall not be liable for any incidental or consequential damages incurred or claimed.

Copyright

All content of the Print Auction Catalogue, eCatalogue and on the Website and Mobile Application are copyright protected in favour of Artiana. All trademarks, names, brand names, etc. used in the Print Auction Catalogue and on the Website and Mobile Application are trademarks of Artiana. Any rights not expressly granted herein are reserved. No image, illustration or written material maybe used or required without the prior written permission of Artiana. Artiana and the Seller(s) make no representation or warranty that the Buyer of a Property will acquire any copyright or other reproduction rights in it.

Legal Notices, Language, Third Party Involvement And Mediation

• Artiana may validly serve the Bidder/ Buyer with legal notice, if required, under these Conditions of Sale by:

  • Sending an email to the email address disclosed by the Bidder/ Buyer to Artiana; or
  • Sending a courier to the address disclosed by the Bidder/ Buyer to Artiana.

• Such legal notice shall be deemed to have been properly served:

  • In the case of email transmission - on the date of the transmission; or
  • In case of transmission by courier - 2 business days after the dispatch of the notice by courier.

• The notices and contract language shall be English

• Artiana is at all times entitled to involve third parties for ensuring the Buyer's compliance and performance as per these Conditions of Sale, and the Buyer hereby grants his consent in this regard.

• In the event of any dispute arising out of or in connection with these Conditions of Sale or related thereto in any manner whatsoever, the parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The Buyer irrevocably submits to the jurisdiction of the Dubai International Financial Centre (“DIFC”) Courts and waives any objection it may have to refer the disputes arising out of or in connection with these Conditions of Sale to the DIFC-LCIA Arbitration Centre on the grounds that it is an inconvenient forum (forum non conveniens). If the dispute is not settled by mediation within 60 days of the commencement of the mediation, or such further period as the parties shall agree in writing, then the parties agree to refer and resolve the dispute by arbitration in accordance with Clause 9.

Severability

If any part of the Conditions of Sale between the Buyer and Artiana is found legally invalid, illegal or unenforceable, that part may be discounted and the rest of the conditions will remain enforceable to the fullest extent permissible by law. In such cases, the Buyer and Artiana undertake to replace the wholly or partly legally invalid, illegal or unenforceable provision with one which is legally valid, legal or enforceable and whose economic purpose most closely reflects that of the legally invalid, illegal or unenforceable provision.

Law And Jurisdiction

If the dispute is not settled by mediation in accordance with Clause 7.5 then the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. In any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be one; and (ii) the seat, or legal place, of arbitration shall be the DIFC. The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of England and Wales.