Page 148 - Present-Future-September-2023

TERMS AND CONDITIONS OF SALE TERMS AND CONDITIONS OF SALE

that it remains with AstaGuru and is returned to the Bidder in case the 4. CONDUCTOFASTAGURUAUCTION 4.6 PhoneBidding 5. AUTHENTICITY
Bidder is unsuccessful in the auc�on, or if the value of the successful a) Phone bidding is a free service offered as a convenience to all
bid is less than the amount of Security Deposit, then the posi�ve 4.1 The auc�on catalogue for an AstaGuru Auc�on shall be made available Registered Bidders and “AstaGuru Auc�on House Pvt Ltd.” is not 5.1 AstaGuru assures on behalf of the source/owner of the Lot, the
1(one)weekbeforetheAuc�onDateforallprospec�vebiddersasmay
authen�city of the Lot on its Website to the best of its knowledge and
differencebetweentheTotalPurchasePriceandtheSecurityDeposit.
be available in the AstaGuru database and who AstaGuru deems fit to responsible for any error (human or otherwise), omission, or abili�es. AstaGuru relies on the authen�city guarantees given by the
2.6 AstaGuru reserves the right to: (i) request addi�onal informa�on from receive the catalogue. AstaGuru has the right to withdraw a Lot breakdowninprovidingthisservice. source of the Lot and cannot be held liable for its accuracy. Buyers are
the prospec�ve bidder to verify the informa�on provided in the before, during or a�er the auc�on, if it has reason to believe that the b) Phone Bids request must be made no later than 24 hours prior to the advised to conduct their independent verifica�on of the Lot for its
registra�on form; (ii) request any addi�onal bank references or authen�cityoftheLotoraccuracyofthedescrip�onisindoubt. authen�cityandcondi�on.
auc�on. AstaGuru will accept bids by telephone for lots only if any staff
guaranteesfromtheprospec�vebidder.
4.2 BiddingProcess is available to take the bids. AstaGuru may record telephone bids at its 5.2 The Buyer may, subject to condi�ons under Clause 5.3, raise a claim
2.7 AstaGuru shall give bidding access to any prospec�ve bidder at its a) Bid may be placed online by the Registered Bidders. AstaGuru shall not discre�on. By bidding on the telephone, the Registered Bidder is challenging the authen�city of the Lot within 1 month from the date
discre�on, subject to the fulfilment of all registra�on formali�es as agreeing to AstaGuru recording any telephonic conversa�ons. The the Lot is collected by the Buyer from AstaGuru. A claim for refund in
be responsible for any Bidders not being able to place their bids online
containedintheseTermsandCondi�onsofSale. telephonebidsaregovernedbytheseCondi�onsofSale. the case of any inauthen�city of the Lot may be made only by the
duetolackofanunderstandingoftheprocess.
2.8 AstaGuru shall provide all bidding access at least 24 hours before the c) In the case of telephone bids, at about the �me the Lot comes up for Buyer, and nobody else. If the Buyer transfers the Lot to any other
Auc�onDate. b) AstaGuru may set limits on the number of bids that may be made by a auc�on,a� emptswillbemadetocontacttheBidderbytelephoneand, en�ty, that en�ty shall not be eligible to make any claim against
Bidder. if successful, the Bidder may then par�cipate in the auc�on through AstaGuruforanyreasonwhatsoever.
2.9 AstaGuru reserves the right to cancel any bidding access provided to a c) Bidders shall be informed of their bidding limits, if applicable. Upon the AstaGuru staff. The Bidder accepts that such contact is at the 5.3 Inordertosuccessfullyraiseaclaimtochallengetheauthen�cityofthe
Bidder.
exhaus�ng the respec�ve bidding limit, the Bidder will not be able to Bidder's risk. AstaGuru does not take any liability or responsibility LotunderthisClause5:
2.10 AstaGuru reserves the right to withdraw a Lot before, during or a�er place any further bid, unless allowed by AstaGuru at its sole discre�on shouldtherebeanyinterrup�onorsuspensionofphoneservices.
a) the Buyer shall be required to produce examinable proof clearly
the bidding at an AstaGuru Auc�on, at its sole discre�on, including if it or by deposi�ng such sum of money with AstaGuru for increasing the d) The Bidder accepts that in the event that the telephone link is not demonstra�ng that the Lot is deemed inauthen�c by an established
has a reason to believe that the authen�city or accuracy of the Lot is in bidding limit; such facility being made available to any Bidder at
established, or breaks down, or there is any confusion or disrup�on, andacknowledgedauthority;
doubt. AstaGuru'ssolediscre�on.
thentheBidderwillnotbeabletopar�cipateintheAuc�on. b) the Lot should be in the same condi�on as it was at the �me of
2.11 AstaGuru reserves the right to postpone comple�on of a sale under an d) If the Bidder is successful, then the further process is described herein. e) AstaGuru will not be held responsible for instruc�ons or authoriza�ons purchasefromAstaGuru,subjecttoAstaGuru'ssa�sfac�on;and
AstaGuru Auc�on un�l AstaGuru completes its registra�on and client If a Bidder is unsuccessful, then the Security Deposit shall be refunded
given to them which are unclear or incomplete, and in the case of
iden�fica�onformali�es. totheBuyerwithin5workingdaysoftheauc�ondate. c) any expenses incurred by AstaGuru in recovering the amount
unclear or incomplete instruc�ons, such bids will not be accepted
2.12 AstaGuru reserves the right to refuse registra�on to any en�ty at its e) In the case a Bidder is successful, the Security Deposit shall be adjusted and/orplacedintheconcernedauc�on. refundableunderClause5.5shallbebornebytheBuyer.
solediscre�on. towardstotheTotalPurchasePrice. 5.4 List of Authen�cators- If the Lots are Memorabilia, AstaGuru relies on
f) If it is impossible to obtain telephone contact or the link breaks down,
2.13 The email and the phone number given by the Prospec�ve Bidder at 4.3 Absentee/ProxyBids AstaGuru is authorized to con�nue to bid on behalf of the telephone the below men�oned 3rd party authen�cators, as may be updated
from�meto�me,atAstaGuru'sdiscre�on.
the �me of registra�on cannot be changed by the Registered Bidder bidderuptothemaximumbidlaststatedoverthecall.
once it has been registered with AstaGuru. It can only be changed by a) Absentee or Proxy Bids are those bids which are placed by a Registered g) The Bidder shall have to provide his Login access, including the PSA / DNA, based out of Newport Beach, California, United States of
Bidder in any auc�on, either before the start of the auc�on or during a
AstaGuru by proper verifica�on to its sa�sfac�on a�er the Registered America.
live auc�on, where the system automa�cally places the bids for the password to his account to an AstaGuru representa�ve, who will then
Bidderini�atesarequestforsuchachangebymakingawri� enrequest RegisteredBidderaspertheamountssetbytheBidder. place the Bid on his behalf. If the password is not available with the
toAstaGuru. Authen�c Autographs Unlimited (AAU), based out of Las Vegas, United
b) Absentee or Proxy Bids can only be placed by a Bidder through the Bidder, he may choose to generate an OTP from the AstaGuru website, StatesofAmerica
2.14 AstaGuru may at its discre�on use any third-party payment gateway which he will have to provide to the AstaGuru representa�ve to access
AstaGuruwebsite. James Spence Authen�ca�on (JSA), based out of Florida, United States
providers forcollec�ngpayments on itsDigitalPla�orms,eitherforthe hisaccount.TheBidderisadvisedtochangehisaccountpassworda�er
deposit or the payment for the purchase of any item through auc�on, c) AProxyBidplacedbeforethestartofanauc�on(pre-auc�onProxyBid) the end of each auc�on when he has disclosed his password or the OTP ofAmerica.
or for any other purpose. Anyone who makes any payment though may be placed at least 24 hours prior to the start of an auc�on. A pre- to any AstaGuru representa�ve to avoid any unauthorised account OnlineAuthen�cs,basedoutofCalifornia,UnitedStatesofAmerica.

such third-party payment gateway shall be bound by the Terms & auc�on Proxy Bid can be cancelled more than 24 hours prior to the accessinthefuture.
Condi�ons of that payment gateway provider in addi�on to and not in startofanauc�on. h) The Bidder indemnifies AstaGuru from any claims and damages that he Becke� Authen�ca�on Services (BAS), based out of Phoenix, Arizona,
deroga�on of these present Terms & Condi�ons. In the case of any d) A Proxy Bid placed during a live auc�on cannot be cancelled once may incur as a result of him disclosing his account access details to an UnitedStatesofAmerica.
conflict, those provisions shall be upheld which provide the benefit of
placed. AstaGururepresenta�ve. Guaranteed Forensic Authen�cators (GFA), based out of United States
data protec�on and privacy to the payer. AstaGuru does not retain any ofAmerica.
Credit Card or Debit Card informa�on, and all such transac�ons are e) The star�ng value of a Proxy Bid placed before the start of an auc�on 4.7 PersonalizedBidNo�fica�ons
carriedoutonthethird-partypaymentgatewayprovider. (pre-auc�onProxyBid)shallbeatleast10%higherthantheOpeningBid. FirmaStellabasedoutofUnitedKingdom
a) The Bidder shall be kept informed about the progress of his bids at an
2.15 AstaGuru may choose to receive payments through Bank Transfer or f) IfaProxyBidisplacedduringtheliveauc�on,theamountshallbeatleast AstaGuru Auc�on, including when he is outbid or when he wins a FieldofDreams,basedoutofTexas,UnitedStatesofAmerica.
Chequeoranyotherappropriatemeansofpayment. 20% higher than the next valid bid, for all bids below �5,00,00,000/- par�cularLotbye-mailandmobilealerts.
OnlineAuthen�cs,basedoutofCalifornia,UnitedStatesofAmerica.
(Rupees Five Crores) and shall be at least 7% higher than the next valid 4.8 By bidding at an AstaGuru Auc�on, the Bidder makes an irrevocable
bidforallbidsabove�5,00,00,000/-(RupeesFiveCrores). offertopurchasetheLot.Suchanoffershallbedeemedtobeaccepted An�qui�esExperts,basedoutofNewYork,UnitedStatesofAmerica.
3. RESERVEPRICE,ESTIMATESANDMARGIN
g) The increments for the Proxy Bids shall be 10% for all bids below when the bid placed by the Bidder is the 'Hammer Price' for any Lot in WonderlandMemorabilia,basedoutofNo� ngham,UK

3.1 The Reserve Price is confiden�al and will not be disclosed to any �5,00,00,000/- (Rupees Five Crores) and shall be 5% for all bids above anauc�on.
Bidders. �5,00,00,000/-(RupeesFiveCrores). An�qui�esofCalifornia(AOC),UnitedStatesofAmerica
4.9 Bids may be placed in USD or INR. All foreign currency exchange rates
3.2 AstaGuru may provide an Es�mate Price for each Lot to be auc�oned, h) The Bidder may place a proxy bid at any �me, before an AstaGuru during an AstaGuru Auc�on shall be based on a constant rate. SchwartzSportsAuthen�c.com
based on the average market value of the said Lot as determined by Auc�ongoesliveun�ltheendoftheauc�on. However,theyaresubjecttochangea�ereachsession.
Upper Deck Authen�cated (UDA), based out of California, United
AstaGuru.
i) The Bidder may place a proxy bid by submi� ng a duly signed wri� en 4.10 AstaGurureservestherighttoaccept,recordandrejectanybid. StatesofAmerica.
3.3 The Es�mate Price given by AstaGuru shall only be a guide to the bidformprovidedontheWebsite. 4.11 AstaGurureservestherighttorejectthehighestbidfromanyBidderon Interna�onal Cricket Council (ICC) based out of Dubai, United Arab
Bidders and does not indicate with any accuracy, the Total Purchase theAuc�onDate,atitssolediscre�on. Emirates. Autograph Collectables, based out of California, United
Price(asdefinedbelow). j) AstaGurureservestherighttorejectanyproxybidatitsdiscre�on. StatesofAmerica.
4.4 OpeningBids 4.12 Once the Bidder has placed a bid and/or a proxy bid, the Bidder cannot
3.4 The Es�mate Price given by AstaGuru, and the Hammer Price of the Lot cancelsuchabid. Icons.com.
at an AstaGuru Auc�on do not include: (i) AstaGuru Buyer's Margin at Thevalueoftheopeningbidshallbedeterminedasfollows:
[1 %] of the Hammer Price; (ii) any packing, insurance, shipping or8 a) The opening bid shall be [10%] lower than the value of the lower 4.13 The closing bid is considered to be the winning bid only if such a bid OnlineAuthen�cs,basedoutofCalifornia,UnitedStatesofAmerica.
handling charges in connec�on with the sale of the Lot; (iii) any du�es exceedstheReservePrice.
es�mate. Authen�catedsignedink.com.
ortaxespayableontheLot. 4.14 In the event a bid is placed under three minutes from the closing
b) In case of a 'No Reserve' auc�on, the opening bid shall be at [INR 5.5 If the Buyer's claim to challenge the authen�city of the Lot under
3.5 The Es�mate Price is based on an average market value of the lot, 20,000 (Indian Rupees Twenty Thousand)]. (A 'No Reserve' auc�on is schedule of the Lot, the closing �me for that Lot will be reset to three
determined at AstaGuru's discre�on. This Price is provided only as a minutes. This process shall con�nue un�l there are no further bids Clause 5 is successful, the Buyer shall be refunded the Total Purchase
oneinwhich,no'ReservePrice'hasbeenset.) Price (as defined below), subject to recovery of such amount by
guide for the Bidders. Bidders should not rely solely on the Es�mate placedunderthreeminutesremainingfortheendoftheauc�on.
Price as a predic�on of the price that the Lot may get sold at in any 4.5 BidIncrements AstaGurufromthesourceoftheLot.
4.15 AstaGuru reserves the right to rescind the sale within 7 (seven)
auc�on. All Bidders are advised to carry out their independent research. a) All live bids on the Website shall have an increment of 10% (ten per Business Days of the Auc�on Date on account of a breach of any of 5.6 In the unlikely event that any Lot is proved to be inauthen�c to
The Es�mate Price does not include the AstaGuru Buyer's Margin, AstaGuru's sa�sfac�on, within a period of 1 month from the date the
cent); theseTermsandCondi�onsofSale.
packing,insurance,shipping,handlingchargesandanyothertaxes. Lot is collected by the Buyer from AstaGuru, AstaGuru shall be liable to
b) ÄIf the bid exceeds INR 5,00,00,000 (Indian Rupees Five Crores only), pay back the Total Purchase Price minus any shipping charges, to the
theincrementonthelivebidshallbe5%.
110 111