Terms & Conditions For Sale
These terms and conditions are applicable only to the sale of fixed-price Objects on the Banyanartgallery.com site and not to auction works. For terms and conditions related to specific auctions, please check the conditions for sale for that auction. For terms and conditions related to the sale of immoveable property (i.e. real estate), please check the conditions for sale in the Prime Properties section of the website
"Buyer" shall mean a person who is registered as a user to access the Website and buys an Artwork from the Website. "Description" means all the details of a Artwork as set out in the Website and may include, without limitation, the name of the artist, the title of the Artwork, the signature of the artist/ date of the Artwork (if any), the surface, medium and dimensions, year, provenance and any additional information related to the Object.
1. The Artwork made available for sale on the Website may not always be in the physical possession of Banyanartgallery.com and may be physically located anywhere in India.
2. All Artworks made available for sale on the Website will be sold at the price listed and no discounts will be granted to the Buyer. The price of the Artwork listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Artwork as well as the shipping address provided by the Buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Artwork.
3. The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the Artwork.
4. All invoices will be raised by Banyanartgallery.com based on the registration information provided by the Buyer or amended at the time of finalizing a purchase and payments will be accepted only from the Buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
5. Placing an order on www.Banyanartgallery.com.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Banyanartgallery.com within 2 working days on account of a default by the seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contact of sale. The contract of sale is between Banyanartgallery.com (acting as the agent of the seller) and the Buyer.
6. Banyanartgallery.com shall have the right to cancel any order placed on the website www.Banyanartgallery.com.com, at any time prior to the delivery of the Artwork, without assigning any reason whatsoever.
7. Banyanartgallery.com 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, Banyanartgallery.com reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
8. The Artwork will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by Banyanartgallery.com are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the Buyer chooses to himself collect the Artwork from Banyanartgallery.com he must do so within two weeks of Banyanartgallery.com receiving the payment. In the event that the Artwork is not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Banyanartgallery.com.
9. You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
10. Banyanartgallery.com is authorized by the sellers to exercise complete discretion in (i) the illustration and descriptions of Artwork for viewing and sale and (ii) acceptance or rejection of orders received.
11. All Artworks displayed on the Website is supported by an authenticity guarantee from the Seller.
12. Banyanartgallery.com is not obligated to provide any physical preview of the Artwork either before or after the sale. Banyanartgallery.com is in no way liable for the condition of the Artwork. Condition reports are provided on request and are based on the information provided by the seller. In the event that Banyanartgallery.com is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the website, an email will be sent to the Buyer regarding the difference and Banyanartgallery.com will await the Buyer's decision to proceed with the order.
13. The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Banyanartgallery.com immediately. Banyanartgallery.com is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Banyanartgallery.com forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Banyanartgallery.com.