Conditions of Sale
Nazmiyal Auction
The following as amended by any posted notices or oral announcements during the sale, constitutes the entire terms and conditions on which property listed in the catalogue shall be offered for sale or sold by Nazmiyal Auction, (Nazmiyal) and any consignor of such property for whom Nazmiyal has acted as agent. By bidding at an auction, whether in person or by agent, absentee bid, telephone, Internet or other means, the purchaser or bidder agrees to be bound by these Terms and Conditions of Sale.
TERMS AND CONDITIONS OF SALE
Please be advised that while we make our best attempt to accurately describe auction items, all items are sold as is. Any condition statement is given as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. J. Nazmiyal Inc. shall have no responsibility for any errors or omissions and the absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. All items are available for your examination prior to bidding. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 212-545-8029. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, you will not be entitled to extra time, and will be held to the same deadline for filing a claim. We do not give refunds. All sales are final.
1. Buyer's Premium:
Each purchase will require the addition of a buyer's premium of 30% to the hammer price as part of the total sales price.
2. Total Sales Price:
The total sales price of an item consists of the following: the hammer price of the item the buyer's premium applicable sales and other taxes due on account of the sale shipping and insurance charges. See point (5) for more information. (Packing is free as a service to our online customers.)
3. Bidding:
By registering to bid through our website Live Auctions, the buyer agrees to the following:
Before bidding all buyers must establish credit. You will be asked to furnish identification, present address, contact information, a valid credit card number, credit references and /or an initial deposit.
Buyers agree to Nazmiyal policies of bid history disclosure, including the policy that live online bidder's increments are not reported when bidding against an absentee bid until the absentee bid is surpassed.
Buyer agrees to register to bid at least one hour before the start time.
Nazmiyal will not be held responsible for errors or failure to execute any bid(s).
Absentee bids must be submitted by fax, phone, or in person during the preview period on LiveAuctioneers.com.
*4. Absentee & Telephone Bidding:
The buyer may also register to bid in any sale by completing our Absentee / Telephone Bidder form. Contact us directly if you would like it emailed or faxed to you. We may be reached at 212-545-8029, or via email at [email protected]. To ensure the bid, absentee bidders should place their bids at least two hours prior to the sale's start time.
Please note that buyers wishing to ship items of Persian origin internationally may be required to obtain an export license prior to shipping. Also, returns of items of Persian origin may be subject to similar United States import laws and regulations. Therefore Nazmiyal cannot offer the same Satisfaction Guarantee as outlined for domestic bidders in the first paragraph of the Terms & Conditions. Additionally, Nazmiyal cannot guarantee export to all countries or import back into the United States in the case of a return. In the event that a winning bid cannot be exported, the winning bidder will not be subject to payment of hammer price and buyer's premium.
5. Shipping & Packing:
All shipping and insurance costs are to be paid by the buyer. Packing is free as a service to our online customers. Nazmiyal ships to various locations all over the World via UPS.
We do not ship to P.O. Boxes.
Please call us directly for shipping quotes and estimated Shipping/Insurance.
Overnight shipping is available.
We ship by the most secure methods possible.
All items are professionally packed in-house.
Please inquire for specific shipping charges to your location prior to bidding via email to [email protected] .
You have the option of combining auction lots to save money on shipping.
If you notify Nazmiyal 24 hours prior to pick up you may collect your lots in person Monday through Friday between the hours of 9:00am & 12:00pm and 1:00pm and 4:30pm.
6. Methods of Payments:
Nazmiyal prefers Bank Wire Transfers.
We also accept Visa, MasterCard, Amex, Money Orders, but only when shipped to confirmed addresses. There is 3 % charge for credit card usage.
Nazmiyal accepts personal checks, but they must clear before customers may take receipt of merchandise.
Unless payment by credit card, Wire-Transfer, or check has already gone through, pick-ups from NYC Gallery require cash payment or money order.
Pick-ups and shipments within New York State are required to pay applicable sales tax 8.875%.
International bidders are required to pay by bank wire transfers (Swift, Chips, etc).
All international bidders are responsible for taxes (VAT) and duties imposed by their own governments upon receipt of the items.
7. Payment Due:
Nazmiyal Auction shall contact the successful bidder within 3 days of the completion of the auction by email, fax and or phone.
Complete payment is due upon receipt of notification from Nazmiyal of a successful bid no later than 10 days following the end of the auction.
Title of ownership shall pass to the buyer once payment in full has been made.
8. Winning Bid:
The highest bidder will be determined as the buyer, and if any dispute arises between two or more bidders, the auction coordinator shall decide who constitutes the winning bidder.
9. Reserve Price:
Lots are offered subject to a reserve. A reserve is a confidential minimum price below which such a lot will not be sold.
Nazmiyal will maintain the reserve by bidding through the auctioneer. The auctioneer may begin the bidding on any lot below the reserve price by placing a bid on behalf of the seller and may continue to bid on behalf of the seller up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders.
10. Inquiries:
Prospective buyers are encouraged to inspect the rugs in person at the NYC gallery during the preview times and dates, or at different times arranged by appointment. You may also email or call us for specific questions regarding lots at Live Auction. Inquiries will be answered in a timely fashion until auction start time. We can provide additional detailed photos, as well as reference information on most lots.
11. Withdrawal Prior to Sale:
Nazmiyal reserves the right to withdraw any lot prior to the auction without any liability whatsoever for such withdrawal.
12. Guarantee Terms:
No purchaser shall be entitled to any remedy, relief or damages beyond the return of the property, rescission of the sale, and refund of the total purchase price.
And, without limitation, no purchaser shall be entitled to damages of any kind.
Should we be prevented by fire, theft or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the total price actually paid by the purchaser, including the buyer's premium and sales tax, if paid.
13. Entire Agreement; Waiver:
The Agreement as set forth here constitutes the entire understanding and agreement of the parties and supersedes any and all other written or oral agreements or understandings between the parties as to the subject matter of this Agreement.
In the event of an inconsistency between this Agreement and any other document which is part of this Agreement, the terms of this Agreement shall govern. From time to time during the term of this Agreement, Nazmiyal may amend this Agreement (including any incorporated documents) by posting the amended terms on the LiveAuctioneers.com Site (or any other online venue), emailing notice of the amendment to the buyer, or otherwise communicating such amendment to the buyer.
Any such amendment will be effective immediately after it has been posted on our website, emailed to the buyer, or otherwise communicated to the Buyer.
The waiver of a breach of any provision of this Agreement will not constitute or be interpreted as a waiver of any other or subsequent breach. The laws of the State of New York shall govern all transactions. There is 3 % charge for credit card usage.
International Shipping
For international shipping options please contact Nazmiyal Collection at 212-545-8029.
New York
8.875% tax will be added to final price of sale ONLY if buyer picks up sold lot from Nazmiyal Collection's gallery in New York City or if shipping address is in New York.
