Fields marked with * are mandatory
These terms and conditions of use shall govern your use of the site www.Ruchika'sart.com, hereinafter referred to as "the Site"). The Site is owned and managed by Ruchika's Art Gallery, a Division of Chowgule Real Estate & Construction Company Pvt Ltd incorporated under Indian Companies Act, 1956. These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between Ruchika's Art Gallery and you, the Bidder/Buyer who participates in the auction of artworks conducted by Ruchika's Art Gallery on the Site.
Ruchika's Art Gallery reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges, if any, associated with the use of the Site. The users of the site are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The user of the Site shall use the Site in good faith and for the essential purpose for which the Site is intended. The Site is intended only for the personal and non-commercial use of the user of the Site. The user shall not copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any product obtained from the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of use of the Site, the user warrants to Ruchika's Art Gallery that the User will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The user shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
DISCLAIMERS OF CERTAIN DAMAGES
If you are dissatisfied with any portion of the Site or with any provision of the Agreement, your sole and exclusive remedy is to discontinue using the Site. Under no circumstances shall Ruchika's Art gallery be liable to any user or any third party on account of that users’ use of the Site. In no event shall Ruchika's Art Gallery be liable to you or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss arising out of or any in any way connected with the use of the Site. The provision of or failure to provide the products through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise .
You agree to defend, indemnify, and hold harmless Ruchika's Art Gallery, its employees and agents from and against any losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal, expert and accounting fees incurred in connection with any claims, actions or demands alleging of resulting from your use of the Site, your breach of this Agreement, or your violation of law or of the rights of any third party. Ruchika's Art Gallery shall provide notice to you promptly of any such claim, suit or proceeding and if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
"Auction" means an auction of artworks to be conducted by Ruchika's Art Gallery on the Website.
"Auction Catalogue" shall refer to the catalogue published by Ruchika's Art Gallery on the website, containing details of the Auction along with the description, price and other details of artworks to be offered for sale at such Auction.
"Bid" means the price offered by a Bidder to purchase a particular artwork offered for sale at an Auction.
"Bidder" means a person making a Bid for the purchase of one or more artworks offered for sale at an Auction in accordance with the terms and conditions set out on the website.
"Bid closing date" shall be the date specifying the closing times for bids for each artwork to be sold through the auction.
"Buyer" means the Bidder making the winning Bid in respect of an artwork(s) and who has agreed to pay/ has paid the Sale Price payable in respect of such artwork(s).
"Closing Time" means the time at which the Auction for any of the artwork listed in the Bid Closing date closes.
"Conditions for Sale" means those Terms and Conditions published in any of the Auction Catalogues which shall be applicable to every Bid and every sale of artwork made through an Auction.
"Description" means all the details of an artwork as set out on the Auction website and may include, without limitation, the name of the artist the title of the artwork, and the following additional details:
The signature of the artist/ date of the artworks (if any), the surface, medium, edition number wherever applicable, dimensions of the artwork, year, provenance and any additional information related to the artwork.
Prospective Bidders using the Mobile application are advised to refer to the website for the complete Description as all details may not be made available/accessible through the Mobile application.
“Notices” refer to information to correct errors and omissions. These are provided for the bidders convenience from time to time, shall take precedence in all cases.
Online Auction Catalogue shall refer to the web pages on the Website relating to the Auction, as may be amended from time to time and shall include web pages accessible via the link Auction Catalogue (including all pages providing details related to the artworks) as well as additional pages containing details of the Auction such as Sale Guide, About the Auction, Conditions for Sale, Notices, etc.
"Reserve Price" means the minimum price acceptable for the sale of the artwork through an Auction.
"Winning Bid / Sale Price" means the highest Bid offered in respect of an artwork at the Closing Time, which Bid shall be either be equal to or higher than the Reserve Price.
"Winning Bidder" means the Bidder who has placed the Winning Bid.
By participating in the Auction, you acknowledge that you are bound by the Conditions for Sale as listed below and on the Website.
All artworks in the auction are offered at a reserve price
Making a Bid constitutes an irrevocable acceptance to purchase the artwork and the acceptance of a Bid as the Winning Bid by Ruchika's art gallery shall result in an enforceable contract of sale between Ruchika's Art Gallery and the Winning Bidder.
Ruchika's Art Gallery shall exercise its complete discretion in:
The Bidding for various artworks shall be closed in accordance with the Bid Closing Schedule.
You are liable for any duties and taxes that might be applicable on the purchase of artworks and such charges shall be payable in addition to the price of the artworks.
Ruchika's Art Gallery shall assume no responsibility for any errors or omissions that may occur in the description, pricing or other content related to the artwork. In the event of such an error, Ruchika's Art Gallery reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
The Bid history for each artwork, being the Bid amounts that have been recorded since the start of the Auction till the current highest Bid
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 however that such information shall not reflect any changes in the Bid history, current Bid and/or countdown clock that may have occurred during the time taken for this information to reach the Bidder's computer or mobile device. The most updated Bid values shall be shown only when the page on the Website containing the information on Bid values is refreshed, which shall happen either automatically at regular intervals on the Website, or when a Bidder clicks on the click to refresh immediately link on the Website page, or on the "refresh" or "reload" button on his/her internet browser or on the refresh menu item in the mobile application. After the values on the page have been refreshed, any changes in the Bid history shall not be visible to the Bidder until the values are refreshed again whether automatically on the Website or by the Bidder.
Due to the nature of internet traffic, there may be an unpredictable time-lag between a Bidder placing a Bid, and that Bid being received by Ruchika's Art Gallery. Therefore, although a Bidder may have placed his/her Bid prior to Closing Time, the Bid may be received by Ruchika's Art Gallery after the Closing Time for the artwork in respect of which the Bid has been placed and shall, in such an event, be rejected.
Bidders are advised to keep their login ID and password secure at all times. Ruchika's Art Gallery will hold the Bidder responsible for all bids placed using their login ID and password whether via the website or a mobile device.
Ruchika's Art Gallery reserves the right to withdraw any artwork before, during or after the Auction, if it has reason to believe that the authenticity of the artwork or the accuracy of the description is in doubt, or if there is a breach of the Terms of Business, or if Ruchika's Art Gallery otherwise believes, in its sole discretion, that it would be improper to include the Property in the Auction.
All artwork shall be sold subject to the Reserve Price. If the Winning Bid is below the Reserve Price, the artwork shall be considered unsold
Ruchika's Art Gallery will raise invoices on the Buyer for the Sale Price inclusive of applicable taxes on sale of artworks and any other additional charges that may be incurred by Ruchika's Art Gallery including shipping and handling of the artwork and additional levies shall be paid by the buyer.
All Bidders are required to provide complete and accurate invoicing details to Ruchika's Art Gallery at the time of registration for the Auction and invoicing details once registered will not be changed. The Bidder shall be invoiced based on details provided at the time for registering for the Auction.
The Winning Bidder shall pay the Sale Price and other charges, if any 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 other charges, if any are not received by Ruchika's Art Gallery and until all proper documentation in connection with the sale of the artwork has been completed. Payments will not be accepted from any parties other than the Winning Bidder as recorded on the invoice.
The Winning Bidder shall ensure that invoices raised by Ruchika's Art Gallery are paid in full and all remittance of amounts due under the invoice is made within seven business days from the date of the invoice. In case payments are not received within such period, this shall be treated as a breach of contract of sale by the Buyer and in such an event Ruchika's Art Gallery reserves the right to cancel the order without prior notice to the Buyer. Alternately, Ruchika's Art Gallery shall take steps (including the institution of legal proceedings) as it may deem to be appropriate to enforce payment by the Buyer. In addition, the Buyer will be charged demurrage @ 1% of the sale price per month till the date of actual payment.
If the Buyer informs Ruchika's Art Gallery that he wishes to collect the artwork from Ruchika's Art Gallery in person and such artwork is not collected by the Buyer within 30 days of the payment formalities being completed, Ruchika's Art Gallery shall arrange for storage of the artwork at the Buyers expense, and shall only release the artwork after payment has been made, in full of demurrage @ 1% of the sale price per month and the charges for storage of the artwork.
Ruchika's Art Gallery shall be entitled to exercise a lien on the artwork for payment of any sums due to it from the Buyer, including the Sale Price, costs relating to storage and insurance where they are to be borne by the Buyer, in relation to any artwork purchased by the Buyer."
Ruchika's Art Gallery reserves the right not to award the Winning Bid to the Bidder with the highest Bid at the closing date if it deems it necessary to do so.
The Buyer acknowledges that Ruchika's Art Gallery will abide by any export requirements that may apply in the countries where specific artwork will be shipped. The Buyer shall also be responsible to ensure that the artwork(s) is freely importable into his country or to the country where the destination for delivery (as specified by the Buyer) is located. In the event of the Buyer or Ruchika's
Art Gallery becoming aware of any restrictions to such import subsequent to the completion of the Auction the Buyer may provide an alternate delivery destination to Ruchika's Art Gallery. All costs associated with the process of delivery and storage (when required) of the artwork shall be borne by the Buyer. The artwork(s) shall be handed over to the Buyer or his nominee only upon full payment of all such costs.
Ruchika's Art Gallery has the right to exercise reasonable discretion in setting bid increments, refusing any bid, advancing the bidding, withdrawing any artwork, combining any two or more artwork(s); 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 artwork 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.
Ruchika's Art Gallery shall not be liable for any loss of information due to the Technical downtime.
CATALOGUE DESCRIPTIONS AND CONDITION OF ARTWORK
Ruchika's Art Gallery offers all artworks for sale at the Auction "as is", meaning that artworks is sold with all existing faults and imperfections.
Any statements made by Ruchika's Art Gallery about any artwork, whether orally or in writing concerning attribution to, are only expressions of our opinion or belief. Such opinions or beliefs have been formed honestly and solely based on representations/information made/provided to Ruchika's Art Gallery. The condition report of the artwork shall be made available to the prospective Buyer upon written request and such condition report of the artwork will be based solely on representations/information made/provided to Ruchika's Art Gallery. Further, Ruchika's Art Gallery will issue the condition report of the artwork solely based on images and details of the artwork(s) provided to Ruchika's Art Gallery. Ruchika's Art Gallery does not in any way represent that it has carried out any research or analysis with respect to any artwork, and it is therefore recommended, especially in cases of artwork of high value, that potential Buyers seek advice on such matters from their own professional advisors. Ruchika's Art Gallery shall not be liable/responsible towards any person for any losses arising/resulting from (i) the statements of Ruchika's Art Gallery about the condition of any artwork and/or (ii) opinion or belief of Ruchika's Art Gallery in any condition report of any artwork.
Neither Ruchika's Art Gallery nor any of its, employees 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 artwork for sale through the Auction.
Guarantee of artwork: With respect to the artwork Ruchika's Art Gallery guarantees the authenticity of the artwork for a period of one year, and will provide a Ruchika's Art Gallery authenticity certificate in relation to this guarantee (please note Ruchika's Art Gallery does not provide authenticity certificates from artists). Authenticity in relation to artworks shall mean compliance of the artwork with Description provided in the Auction Catalogue, particularly with reference to the name of the Artist, title (if any) of the artwork or date, the school of art (if mentioned), dimensions, medium, etc.
In the unlikely event that within one year from the sale of the artwork through Auction, it is proved by the Buyer, to the reasonable satisfaction of Ruchika's Art Gallery that the artwork was not authentic Ruchika's Art Gallery shall rescind the sale and refund to the Buyer the Sale Price paid for the artwork. The buyer shall return the artwork to Ruchika's Art Gallery.
All such claims will be handled on a case-by-case basis, and in the case of an authenticity claim will require that examinable proof, which clearly demonstrates that the artwork is not authentic, is provided by an established and acknowledged authority. The decision of Ruchika's Art Gallery in respect of such claims shall be final and binding.
The original authenticity guarantee given by Ruchika's Art Gallery shall be subject to the following conditions:
Ruchika's Art Gallery has an obligation to refund the Sale Price to the Buyer only in the circumstances described above (Authenticity Guarantee). Damages, losses or loss in value if any to the artwork (excluding frames) incurred during shipping and transit are covered as per the insurance policy taken by Ruchika's Art Gallery. In case the Buyer opts out of insurance coverage arranged for by Ruchika's Art Gallery, Ruchika's Art Gallery shall not entertain any claims for damage or loss during shipping and transit. Subject to the authenticity guarantee above, neither Ruchika's Art Gallery’s nor any of its employees shall be responsible, either for the correctness of any statements as to the origin, date, age, attributes or genuineness of any artwork in the sale, or for any mistakes in the Description, or for any faults or defects in the artwork(s), or for any other act or omission, whatsoever. Ruchika's Art Gallery 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. Ruchika's Art Gallery shall not be liable for any incidental or consequential damages incurred or claimed.
All content of the Auction Catalogue, on the Website are copyright protected in favour of Ruchika's Art Gallery. All trademarks, names, brand names, etc. used in the Auction Catalogue and on the Website are either trademarks or registered trademarks of Ruchika's Art Gallery. Any rights not expressly granted herein are reserved. No image, illustration or written material maybe used or required without the prior written permission of Ruchika's Art Gallery. Ruchika's Art Gallery makes no representation or warranty that the Buyer of an artwork will acquire any copyright or other reproduction rights in it.
Ruchika's Art Gallery may validly serve the Bidder/Buyer with legal notice, if required, under these Conditions of sale by
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of Ruchika's Art Gallery to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of such term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
The Conditions for Sale are subject to the laws of India.
All parties are subject to the exclusive jurisdiction of courts at:
i. Panaji, Goa, India