Banyanartgallery.com provides an assurance on behalf of the seller that each piece of art offered for sale on the site is a genuine work of the artist listed. Banyan Art Gallery guarantees the authenticity of the artwork for a period of one year. Authenticity in relation to artworks shall mean compliance of the artwork with the description provided on the web site, particularly with reference to the name of the artist, title (if any) of the artwork itself, date, the school of art (if mentioned), dimensions, medium etc.
In the unlikely event that within one year from the sale of the artwork, it is proved by the buyer to the reasonable satisfaction of banyanartgallery.com that the item was not authentic and if, in banyanartgallery.com's opinion, this would have significantly impacted the price a buyer would have been willing to pay for the item, banyanartgallery.com shall be entitled to rescind the sale and the seller will be liable to refund to the buyer the price paid for the item, once the buyer returns the item to banyanartgallery.com. banyanartgallery.com shall hand over to the seller the item returned by the buyer.
All such claims will be handled on a case-by-case basis, and in the case of an authenticity claim in relation to artwork will require that examinable proof, which clearly demonstrates that the item is not authentic, is provided by an established and acknowledged authority. The decision of banyanartgallery.com in respect of such claims shall be final and binding.
This guarantee shall be subject to the following conditions:
1. The claim is made by the buyer as registered with banyanartgallery.com (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 items).
2. The Property is returned in the same condition that it was in at the time of delivery of the item to the buyer.
3. The Property was indisputably purchased through banyanartgallery.com. banyanartgallery.com retains the right to consult with, at the expense of the buyer, two recognized experts in the field, (such experts being mutually acceptable to banyanartgallery.com and the buyer), to examine the item 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 banyanartgallery.com. In the event of the seller's failure to refund the proceeds as stated above, the buyer shall return the item to banyanartgallery.com and authorize banyanartgallery.com as its agent to initiate legal proceedings against the seller. Any such steps taken or legal proceedings instituted by banyanartgallery.com against the seller shall be to the cost of the buyer.