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.

17The 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