Kalpavraksha provides an assurance on behalf of the seller that each piece of art which we offer for sale on the site is a genuine work of the artist listed.
Kalpavraksha guarantees the authenticity of the artwork for a period of one year. Authenticity in relation to artworks shall mean compliance of the artwork with the description provided on the web site, particularly with reference to the name of the artist, title (if any) of the artwork itself, date, the school of art (if mentioned), dimensions, medium etc.
In the unlikely event that within one year from the sale of the artwork, it is proved by the buyer to the reasonable satisfaction of Kalpavraksha that the item was not authentic and if, in Kalpavraksha's opinion, this would have significantly impacted the price a buyer would have been willing to pay for the item, Kalpavraksha shall be entitled to rescind the sale and the seller will be liable to refund to the buyer the price paid for the item, once the buyer returns the item to Kalpavraksha. Kalpavraksha shall hand over to the seller the item returned by the buyer.
All such claims will be handled on a case-by-case basis, and in the case of an authenticity claim in relation to artwork will require that examinable proof, which clearly demonstrates that the item is not authentic, is provided by an established and acknowledged authority. The decision of Kalpavraksha in respect of such claims shall be final and binding.
This guarantee shall be subject to the following conditions:
1. The claim is made by the buyer as registered with Kalpavraksha (the benefit of the claim is not assignable to any subsequent owners or others who may acquire or have an interest in any of the items).
2. The Property is returned in the same condition that it was in at the time of delivery of the item to the buyer.
3. The Property was indisputably purchased through Kalpavraksha.
Kalpavraksha retains the right to consult with, at the expense of the buyer, two recognized experts in the field, (such experts being mutually acceptable to Kalpavraksha and the buyer), to examine the item under question before deciding to rescind the sale and offer the refund under the above guarantee. The opinion of the experts shall not be binding on Kalpavraksha.
In the event of the seller's failure to refund the proceeds as stated above, the buyer shall return the item to Kalpavraksha and authorize Kalpavraksha as its agent to initiate legal proceedings against the seller. Any such steps taken or legal proceedings instituted by Kalpavraksha against the seller shall be to the cost of the buyer.
Opinion in relation to antiquities: In the case of Properties which have been categorised by Kalpavraksha as antiquities as defined under the Antiquities Act and Art Treasures Act, 1972, any statement made in relation to such Property, whether orally or in writing, concerning its attribution, like any school of art or craftsmanship, country or origin, history, authenticity or provenance, are only expressions of our opinion or belief and do not constitute a representation, warranty or assumption of liability of them in any manner whatsoever and we will not be liable for errors or omissions in any of the opinions with respect to authenticity, provenance, description, or condition of such Property. We do not in any way represent that we have carried out exhaustive research or analysis, and it is therefore necessary, especially in cases of Properties of high value, to request Kalpavraksha for an inspection of such Properties and potential buyers may seek advice on such matters from their own professional advisors.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.