Page 98 - Indian, Himalayan and Tibetan Art March 2018

13.#Governing Law and Jurisdiction These Please be aware that Sotheby’s and the reasons for such question; and (ii) have the ! nal discretion to determine the
Conditions of Sale and Terms of Guarantee, may ! lm auctions or other activities return the Lot to Sotheby’s at the original successful bidder or to reopen bidding.
as well as bidders’, the purchaser’s and on Sotheby’s premises and that such selling location in the same condition as at The auctioneer’s decision is ! nal.
our respective rights and obligations recordings may be transmitted over the the date of sale to the original purchaser
hereunder, shall be governed by and Internet via Sotheby’s website, the eBay of record and be able to transfer good title 3.#The next bidding increment is shown
construed and enforced in accordance website, the Invaluable website and other to the Lot, free from any third party claims on the screen for your convenience. The
with the laws of the State of New York. By Online Platforms. Telephone bids may be arising after the date of such sale. auctioneer has discretion to vary bidding
bidding at an auction, whether present in recorded. Sotheby’s has discretion to waive any of increments for bidders in the auction room
person or by agent, order bid, telephone, Under European data protection and on the telephones, but bidders using
the above requirements. Sotheby’s may
online or other means, all bidders including laws, a client may object, by request require the original purchaser of record to Online Platforms may not be able to place
the purchaser, shall be deemed to have and free of charge, to the processing of a bid in an amount other than a whole
obtain at the original purchaser of record’s
consented to the exclusive jurisdiction of their information for certain purposes, cost the reports of two independent and bidding increment. All bidding for this sale
the state courts of, and the federal courts including direct marketing, and may will be in the domestic currency of the sale
recognized experts in the ! eld, mutually
sitting in, the State of New York. All parties access and rectify personal data relating acceptable to Sotheby’s and the original location, and online bidders will not be able
agree, however, that Sotheby’s shall retain to them and may obtain more information to see the currency conversion board that
purchaser of record. Sotheby’s shall
the right to bring proceedings in a court about Sotheby’s data protection policies not be bound by any reports produced may be displayed in the auction room.
other than the state and federal courts by writing to Sotheby’s, 34-35 New
by the original purchaser of record, and
sitting in the State of New York. Bond Street, London W1A 2AA, or 1334 reserves the right to seek additional expert 4.#The record of sale kept by Sotheby’s
York Avenue, New York, NY 10021, Attn: will be taken as absolute and ! nal in all
advice at its own expense. It is speci! cally
14.#Packing and Shipping[We are not Compliance, or emailing enquiries@ understood and agreed that the rescission disputes. In the event of a discrepancy
responsible for the acts or omissions in our sothebys.com. Sotheby’s use of of a sale and the refund of the original between any online records or messages
packing or shipping of purchased lots or information collected about eBay users purchase price paid (the successful provided to you and the record of sale kept
of other carriers or packers of purchased may di" er and is governed by the terms of hammer price, plus the buyer’s premium) by Sotheby’s, the record of sale will govern.
lots, whether or not recommended by us. the eBay Privacy Policy and Sotheby’s on is exclusive and in lieu of any other remedy
Packing and handling of purchased lots is eBay Live Auction Platform Privacy Policy, which might otherwise be available as 5.#Online bidders are responsible for
at the entire risk of the purchaser. which can be found on the Sotheby’s on a matter of law, or in equity. Sotheby’s making themselves aware of all salesroom
eBay Live Auction Website. Sotheby’s use notices and announcements. All saleroom
and the Consignor shall not be liable for
15.#Limitation of Liability[In no event of information collected about Invaluable any incidental or consequential damages notices will be read by the auctioneer
will the aggregate liability of Sotheby’s and users may di" er and is governed by the incurred or claimed, including without at the beginning, where appropriate, or
the consignor to a purchaser exceed the terms of the Invaluable Privacy Policy and limitation, loss of pro! ts or interest. during the sale prior to a relevant lot being
purchase price actually paid. Sotheby’s on Invaluable Online Platform o" ered for sale. Sotheby’s recommends
Privacy Policy, which can be found on that online bidders log on at least ten
the Sotheby’s on Invaluable Live Auction minutes before the scheduled start of the
16.#Data Protection[Sotheby’s will
Website. ADDITIONAL TERMS AND auction to ensure that you have heard all
use information provided by its clients CONDITIONS FOR LIVE ONLINE
(or which Sotheby’s otherwise obtains announcements made by the auctioneer at
from eBay, Invaluable or other sources BIDDING the beginning of the sale.
relating to its clients) for the provision of TERMS OF GUARANTEE
auction and other art-related services, loan The following terms and conditions 6.#Sotheby’s reserves the right to refuse
(the “Online Terms”) provide important
services, client administration, marketing As set forth below and in the Conditions or revoke permission to bid via Online
and otherwise to manage and operate of Sale, for all lots Sotheby’s guarantees information related to live online bidding Platforms and to remove bidding privileges
via BIDnow, eBay, Invaluable, and any other
its business, or as required by law, in that the authorship, period, culture or during a sale.
accordance with Sotheby’s Privacy Policy. origin (collectively, “Authorship”) of each Online Platform through which bidding is
made available (“Online Platforms”).
This will include information such as the lot in this catalogue is as set out in the 7.#Purchase information shown in the
These Conditions are in addition to and
client’s name and contact details, proof of BOLD or CAPITALIZED type heading in subject to the same law and our standard “Account Activity” section of BIDnow, the
identity, ! nancial information, records of the catalogue description of the lot, as “Purchase History” section of the “My
the client’s transactions, and preferences. amended by oral or written salesroom terms and conditions of sale, including eBay” page on eBay and the “Account
the authenticity guarantee and any other
Some gathering of information about notes or announcements. Purchasers Activity” section of the “My Invaluable”
Sotheby’s clients will take place using should refer to the Glossary of Terms, if any, terms and are not intended in any way to page on Invaluable is provided for your
replace them. By participating in this sale
technical means to identify their for an explanation of the terminology used convenience only. Successful bidders will
preferences in order to provide a higher in the Bold or Capitalized type heading via any Online Platform, you acknowledge be noti! ed and invoiced by Sotheby’s after
that you are bound by the Conditions of
quality of service to them. Sotheby’s may and the extent of the Guarantee. Sotheby’s the sale. In the event of any discrepancy
also disclose the client information to other makes no warranties whatsoever, whether Sale applicable in the relevant sale and by between any online purchase information
these additional Conditions.
Sotheby’s Companies and/or third parties express or implied, with respect to any and the invoice sent to you by Sotheby’s
acting on their behalf to provide services material in the catalogue other than 1.#The procedure for placing bids via Online following the respective sale, the invoice
for these purposes. that appearing in the Bold or Capitalized prevails. Terms and conditions for
Sometimes, Sotheby’s may also heading and subject to the exclusions Platforms is a one-step process; as soon payment and collection of property remain
disclose this information to carefully below. as the “Bid Now” button is clicked, a bid is the same regardless of how the winning bid
selected third parties for their own In the event Sotheby’s in its reasonable submitted. By placing a bid via any Online was submitted.
Platform, you accept and agree that bids
marketing purposes. If you do not wish
opinion deems that the conditions of the submitted in this way are ! nal and that 8.#Sotheby’s o" ers online bidding as a
your details to be used for this purpose, Guarantee have been satis! ed, it shall you will not under any circumstances be
please email enquiries@sothebys.com. convenience to our clients. Sotheby’s
refund to the original purchaser of record permitted to amend or retract your bid. will not be responsible for any errors or
If the client provides Sotheby’s with
information that is de! ned by European the hammer price and applicable Buyer’s If a successful bid is sent to Sotheby’s failures to execute bids placed via Online
Premium paid for the lot by the original from your computer, phone, tablet, or any Platforms, including, without limitation,
data protection laws as “sensitive”, the purchaser of record. other device, you irrevocably agree to pay
client agrees that it may be used for the errors or failures caused by (i) a loss
the full purchase price, including buyer’s of connection to the internet or to the
purposes set out above. This Guarantee is provided for a period premium and all applicable taxes and other
In the course of these disclosures, of ! ve (5) years from the date of the BIDnow, eBay, Invaluable or other Online
applicable charges. Platform software by either Sotheby’s or
personal data collected in the European relevant auction, is solely for the bene! t
Economic Area may be disclosed to of the original purchaser of record at the the client; (ii) a breakdown or problem
2.#If you have the leading bid, it will be with the BIDnow, eBay, Invaluable or
countries outside the European Economic auction and may not be transferred to indicated on the screen with the statement
Area. Although such countries may not any third party. To be able to claim under other Online Platform software; or (iii)
“Bid with you” (on BIDNow) or “You’re a breakdown or problem with a client’s
have legislation that protects a client’s this Guarantee of Authorship, the original the highest bidder” (on eBay) or “Bid with
personal information, Sotheby’s shall take purchaser of record must: (i) notify internet connection, mobile network or
you” (on Invaluable). If a bid is placed computer. Sotheby’s is not responsible
great care to keep such information secure Sotheby’s in writing within three (3) months online simultaneously with a bid placed by
and in accordance with European data of receiving any information that causes for any failure to execute an online bid or
a bidder in the room or on the telephone for any errors or omissions in connection
protection principles. By agreeing to these the original purchaser of record to question (a “* oor” bid), the “* oor” bid generally
Conditions of Sale, the client is agreeing to the accuracy of the Bold or Capitalized type therewith.
will take precedence; the auctioneer will
such disclosure. heading, specifying the lot number, date
of the auction at which it was purchased
96 SOTHEBY’S