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CONDITIONS OF SALE
1. Alif Art
acts as agent for the seller, and acts as a seller incidentally for the lots
financed by itself.
2. All
merchandises offered for sale at auctions shall have to comply with Law no 2863
on the protection of Cultural and Natural Property, and they are controlled
prior to the auction by experts appointed by the Topkap› Palace Museum, the
Turkish Islamic Works of Art Museum, the Istanbul Archaeology Museum, the
Military Museum, the Yıldız Palace Museum and the Ayasofya Museum. A
certificate will be issued by authorities concerned to any item if deemed
necessary from the angle of legal considerations.
3. Descriptions are generally made in the catalogue in regard to the
restoration, repair or renewal of certain parts of the merchandise, yet the
company cannot be held responsible for such repair or restorations. All
merchandises are available for examination prior to auctions, therefore all
prospective bidders participating in the auction are deemed to have duly
observed and examined the merchandises beforehand. All information provided by
our experts in the auction catalogue for the merchandises are exclusively in
nature of opinion statements and is not to be relied as statements of facts.
Bidders accept and covenant that all merchandises are sold "AS IS",
that the buyer has adequately examined the merchandise, and that the buyer
waives from the enforcement of Article 198 under the Code of Obligations. It is
not compulsory to state in wording for all merchandises that such merchandise
is sold "as is∫. Details and any sort of notice regarding the merchandise
do not constitute a guarantee, and are only in nature of general information.
The buyer accepts this condition in advance.
4. The
final sale price of the merchandise is calculated by adding on the hammer price
a commission of 7% + VAT and any applicable tax and other levies. If the buyer
fails to make full payment within the required time, Alif Art will be entitled
to cancel the sale without further notice and indemnify all its losses together
with the accrued interest, legal fees and costs for the recovery of the invoice
total together with legal interest accruing as of the date of such invoice.
Alif Art reserves the right to seek in its own discretion other remedies and
rights available by law. The merchandise will not be released and delivered to
the buyer unless all costs incurred by Alif Art for the storage and safekeeping
of that merchandise until the collection of the invoice value have been paid by
the buyer.
5. In the
hall auctions organised by Alif Art, the credit cards registered by bidders
will be charged with the amount of “5.000.- TL” (Five Thousand Turkish Liras)
before the auction begins. If the client/bidder does not bid for any piece, or
can’t buy the piece(s) he bids for, the amount which had been charged from
his/her credit card will be paid back within seven <7> working days
and/or will be paid into their bank accounts if he/she provides his/her bank
account details. If the bidder does not pay for the lot(s) he/she has bought,
the previously charged “5.000.- TL” will be deducted from his invoice and
he/she will be asked to pay the rest of the amount
6. Alif Art
holds the insurance liability of the merchandise for a period of one week
following the sale. Responsibility of any damage to the auction item sold but
not paid for and delivered from Alif Art within one week shall lie with the
buyer. By arranging for the insurance of the merchandise purchased, the buyer
may have the merchandise maintained by Alif Art.
7. Alif Art
is entitled to, without producing any reason, refuse to admit any person to the
auction, withdraw or divide any merchandise, combine any two or more
merchandises, refuse the sale of any merchandise, or administer the auction
without following the order of lot numbers as they appear in the catalogue.
8. In case
the merchandise offered for sale under this auction does not conform to its
respective quality particulars stated, or its provenance contradicts with the
stated, or it has been offered for sale without the knowledge and will of its
lawful owner, then all legal liabilities will lie with the entity asking for
auctioning such merchandise.
9. Pictures
published in the catalogue may not be reproduced or printed, or any written
information may not be used without the prior consent of Alif Art.
10. Real and corporate entities participating in
the auction and purchasing the merchandise at a minimum price of TL 12.000
(twelve thousand) will be subject to personal identification in accordance with
Law no 4208.
11. All
biddings at auctions are affected by raising appropriate paddles. The buyer is
committed to the bid placed by raising his/her paddle. The auctioneer accepts
the highest bidder as the buyer and marks the conclusion of bidding by striking
his hammer. No voice recording is performed in the auction during any fact
finding process by the notary public or for any participation by phone. The
buyer may no way whatsoever claim the invalidity of the auction.
12. The buyers should examine the condition of any
merchandise prior to the auction, and check whether it conforms to the
description provided. Any reference made by Alif Art in a catalogue or in a
condition report to the artist, provenance, origin, date, size, manufacturing
place, manufacturer and sale price of the merchandise is solely the opinion of
Alif Art. Upon the demand of the buyer after the auction, a condition report
including the opinions of Alif Art‘s experts is submitted for the
merchandise(s).
13. Buyers are recommended to physically attend
auctions. But Alif Art will process the bids placed in writing or by phone
prior to the auction in line with these instructions. Neither Alif Art nor any
of its agents or personnel accepts any liability for failing to execute a
written bid or for errors or omissions in connection therewith. If Alif Art
receives two written bids on a particular merchandise both offering the highest
amount, the merchandise will be sold to the bidder whose bid offering one of
these highest amounts was received and accepted first.
14. Participation in an auction by phone is a
service provided to the client by Alif Art. Alif Art may not be held liable if
phone connection cannot be established or is interrupted for any reason.
15. The buyer should pay the
price of merchandise(s) purchased at the auction together with the commission
of 7% + VAT and other payable duties and taxes within 30 days at the latest. Payments by credit card should be effected
within 6 days following the date of auction, otherwise credit card payments
will not be accepted. A bank comission is applied for payments to be made with
the American
Express card.
16. The buyer
placing a bid remains to be bound by that bid unless another bid legitimately
exceeding the value of this bid is accepted.
17. The bidders
are not entitled to claim right of withdrawal according to the Turkish
Obligations Law as the “goods/art Works” are considered to be second hand
merchandise according to the articles of the THKH (THE LAW ON THE PROTECTION OF
THE CONSUMER NO. 6502).
Between ₺ 250 - ₺ 1.000 ₺ 250
Between ₺ 1.000 - ₺ 10.000 ₺ 500
Between ₺ 10.000 - ₺ 20.000 ₺ 1.000
Between ₺ 20.000 - ₺ 50.000 ₺ 2.000
Between ₺ 50.000 - ₺ 100.000 ₺ 5.000
Between ₺ 100.000 - ₺ 200.000 ₺
10.000
Between ₺ 200.000 - ₺
500.000 ₺ 20.000
Between ₺ 500.000 - ₺ 1.000.000 ₺ 50.000
Above ₺ 1.000.000 ₺ 100.000
18. Bid increase in the auction is effected by
raising the paddle. The above table specifies the increase corresponding to
each raise. The announcer is authorized to modify these rates at the time of
the auction.
19. In case
of any typographic, printing or description error in the catalogue, the
clarifications provided by the announcer during the auction are taken as basis.
20. Any and all persons
becoming eligible to participate in the auction by satisfying the requirement
of personal identification and signing the auction participation contract are
deemed to have unconditionally accepted the above conditions.
21. Pursuant to Article 45 of the Law no 5846, and
the Decree no 2006/10880 dated 27.09.2006 of the Parliament, Alif Art‘s right
of recourse to the owners of the merchandises to be sold at the auction in
respect of the contributions payable to the artists, beneficiaries or GESAM
hereunder, provided the form of the document be respected, is reserved.
22. Clients who
wish to attend the auction on the telephone or by written bid are kindly asked
to register by sending the necessary documents to Alif Art before 2st June
5.00pm. Should the documents be send any later than this, accepting the bids
will be in Alif Art’s initiative.
23. The parties irrevocably
accept and agree that all disputes between any bidder or owner who refers to
Alif Art‘s mediation to sell his/her merchandise and Alif Art Antikacılık A.Ş
will exclusively be referred to the jurisdiction of competent Istanbul Courts
and Execution Offices.
The auction will be held and the items sold in
TRL. The Euro Prices Indicated in the
cataloque are for information only