Terms & Conditions
- TERMS & CONDITIONS OF SALE
The following Terms & Conditions of Sale explain the legal relationship of Dukan Fine Arts & Antiques (herein referred to as Dukan) with the Buyer/Artist/Collaborator/Client/Other (herein referred to as Buyer). Your attention to and awareness of the content below on the Terms & Conditions is requested prior to purchasing.
By Purchasing from us, your consent to the Terms and Conditions is considered to have been provided.
Definitions for specific recurring terms in this site are explained below:
- “Sale” means all Sales made online by the Dukan website e-commerce platform.
- “Dukan” means Dukan Fine Arts & Antiques.
- “Forgery” A forgery is defined as an object, which is described in such a way as to deceive a potential Buyer with respect to its attribution, authorship, date, age and provenance, unless it is made clear in the description that this is the case. A forgery will be so described in order to effect and obtain a value in excess of its true value.
- “Lot” is the individual item or items offered for Sale and described on the website.
- “Premises” means any office, warehouse, hotel, hall or other store, owned, leased or let by Dukan or any other place where Dukan may hold their items.
- “Property” or “Properties” means the Property or Properties offered for Sale by Dukan on behalf of the Seller.
- “Seller” is that person or organization that states clear ownership title to the Lot and authorizes Dukan to sell said Lot on his behalf.
- “Terms & Conditions of Sale” means these standard notices and Terms & Conditions of Sale, which are applicable to all Buyers including prospective Buyers in respect of Sales.
- “Total Price” means the total of the Price mentioned against each lot on the website, the shipping, packing, insurance, import duty (if applicable) and any applicable taxes payable by the Buyer. NOTE: The price listed against the lot is exclusive of taxes and shipping.
2. THE ROLE OF DUKAN
2.1 Dukan undertakes to act solely on behalf of the Seller, as agent, in the arrangement and execution of the Sale of the Seller’s Property by way of Online Sales.
2.2 While every care is taken by Dukan in establishing the provenance of the Lot to be sold, the Seller signs Dukan’s terms of business with sellers or consignors in which he states his right to ownership and right to pass on that title at confirmation of sale to the Buyer. Should there be any dispute prior to the sale regarding rightful ownership, Dukan may at its discretion withdraw the Lot from display online and hold it until the matter is settled. Dukan is not responsible for any court / legal proceedings that may arise in such a situation.
2.3 Dukan, under all normal circumstances, are not obliged to disclose the identity of the Seller to any person or entity.
3. DUKAN’S RESPONSIBILITY TO BUYERS
3.1 While every care is taken in the preparation of the description details including provenance, attribution, date and age of the Lot, they represent solely the opinion of Dukan, who are not liable for any discrepancies that may be found. It is the responsibility of the prospective Buyer to assure himself of the validity of the description of the Property and its condition.
3.2 However, in the most unlikely event of the Property being a forgery, clause 8 and 10 of these Terms & Conditions of Sale shall apply.
3.3 Dukan may or may not choose to disclose the identity of the Buyer to any person or entity, as deemed appropriate by it.
3.4 Certificate of Authenticity: Dukan does not issue any such certificates. However, a purchase invoice from Dukan can be used in lieu of the same and any dispute will be resolved under clause 8 and 10 of these Terms & Conditions of Sale.
4. CONDITION OF LOTS
4.1 Lots are sold with general reference to any restorations, imperfections or damage that may have occurred and verified by Dukan. However, Dukan cannot be held responsible for any errors or omissions of description in this respect but if there is reasonable evidence that the delivered lot was not in the condition that it was displayed on the website, the Dukan would be happy to consider a return, exchange or refund in line with our Refunds Policy.
4.2 The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging.
5. EXPENSES AND TAXES
5.1 In addition to the displayed prices the Buyer has to pay Shipping, Packing, Insurance & Taxes (GST and others as applicable) (if applicable) if the Buyer wants Dukan to ship the items.
5.2 For all sales that take place within India works are subject to GST at the applicable rate, on the purchase price.
5.3 If the Lot is being exported out of India, then customs clearance and the taxes as per government regulations will be levied.
6.1 Mode: Payment should be made online or via RTGS/NEFT transfer. In very exceptional cases we might consider accepting payments through cheque. You can contact us on firstname.lastname@example.org for details.
6.2 Transfer of Ownership: The Buyer shall not receive ownership of the Lot/s purchased until he makes payment of the Total Price for the Lot/s and until such payment is received as cleared funds by Dukan.
7. COLLECTION STORAGE AND SHIPPING TERMS FOR SELF-PICKUP
7.1 Collection of Lot/s purchased: This must take place within 7 days of the purchase if the buyer decides to choose self-pick up or delivery. All packing, insurance, transport and forwarding and the costs thereof relating to the items purchased shall be the responsibility of the Buyer alone and Dukan only facilitates the same through third-party vendors on its website.
7.2 Non Collection/Storage: Should the Lot not be collected within the stipulated 7 days, Dukan will charge storage charges at a rate of 1% of the purchase price pro rata per month. Should storage space be unavailable at Dukan’s Premises, Dukan shall nominate a storage facility and all charges raised in transport to and storage at said facility including any insurance or other charges shall be passed on to the Buyer. Responsibility for any damage or loss occurring after the 7 day period stipulated above shall be solely at the Buyer’s risk.
8.1 Should it be brought to Dukan’s attention that an item offered on its site may be a forgery and satisfactory initial evidence given to that effect, Dukan retains the right to withdraw the item for sale and hold it until further evidence as to the item’s legitimacy are delivered, or make it available to the necessary authorities for research to ascertain the validity of the item, when a decision as to whether the item is a forgery can be delivered.
8.2 Should a Buyer believe an item he has bought to be a forgery, he must first prove legal title to the item and then furnish the necessary proof which will be examined by the relevant Dukan’s expert or consultant, for scrutiny. Thereafter, a mutually agreeable panel of experts (nominated by both the Buyer and Dukan) would be constituted. The experts nominated by the Buyer and Dukan will in turn nominate an Umpire. Their decision would be final. Please note that matters relating to possible forgery may only be raised by the Buyer of the item from the Dukan’s website and within 1 month from date of Sale. The method of dispute resolution shall be that envisaged in clause 10 of these Terms & Conditions of Sale.
8.3 Notwithstanding clause 8.2 above, if the description given on the website was a generally accepted opinion or if the means of testing used to determine whether the item was a forgery, was not available at the time of the sale, Dukan shall not be held liable.
8.4 Based on clause 8.2 and 8.3 above, should the proof that a Lot is a forgery be compelling, Dukan shall cancel the Sale and refund the Total Price to the Buyer but only after receiving the Sale proceeds from the Seller, should he already have been paid and then return the object to the Seller. The Seller shall bear the costs of any necessary research undertaken to establish the forgery.
9. NON-EXPORTABLE PROPERTY
9.1 Any property which in Dukan’s opinion is Non Exportable (out of India) because it is described as an ‘Antiquity’ or a ‘National Art Treasure’ under the Antiquities and Art Treasures Act, 1972, shall be indicated as ‘Non Exportable’ on the website. Any attempt to export such a marked item without the express permission of the Archaeological Survey of India (A.S.I) shall be entirely at the Buyer’s risk.
9.2 Properties not carrying the ‘Non Exportable’ tag may in Dukan’s opinion only be exported in accordance with Indian Law. Should a Buyer wish to export such an object he must get the necessary clearances from the authorities himself. At its discretion, Dukan may only endeavor to assist the Buyer.
10.1 Notwithstanding the Terms & Conditions of Sale above, these shall be governed by Indian Law and are subject to the jurisdiction of the courts at Bangalore, Karnataka. Any disputes arising between Seller, Buyer or Dukan shall be settled in accordance with the Arbitration and Conciliation Act, 1996.
10.2 Language of arbitration shall be English. Place of arbitration shall be Bangalore, India only.
11.1 The photo quality of the Lots on the website might not exactly match with the original works.
11.2 All estimates, if also given in US $ or any other foreign currency, would be subject to exchange rate in Indian Rupees on the date of sale.
11.3 All text, pertaining to description and research on the lots, on the website, without any acknowledgment or reference to authorship is copyrighted to Dukan.
11.4 Errors & Omissions, on the website, if any, are sincerely regretted and may be excused.
11.5 Dukan can make changes to these Terms & Conditions of Sale from time to time without any prior notification. It is the responsibility of the Buyer to ensure that he reads the updated Terms & Conditions of Sale on the website from time to time so as to make himself aware of these changes if any. If the Terms & Conditions of Sale have changed, in no instance shall the old Terms & Conditions of Sale be applied unless the item/s was purchased at the time the old Terms & Conditions of Sale were in existence.