ISHTAR AUCTIONS LLC FZ,

General Terms and Conditions Introduction Welcome to ISHTAR AUCTIONS LLC FZ. Your engagement with ISHTAR AUCTIONS LLC FZ website implies your acknowledgment and acceptance of the terms and conditions set forth herein. This includes all specifics, practices, commitments, terms, and conditions on connection with the buying and selling processes through the site. ISHTAR AUCTIONS is a Dubai-based company (registered in Meydan Free Zone -Dubai- United Arab Emirates with license number 2313069.1). All auctioned items are supplied by the First Party (the vendor or seller) and not by ISHTAR AUCTIONS LLC FZ. By using ISHTAR AUCTIONS LLC FZ website or its electronic applications, you are interacting with entities promoting the sale or provision of goods and services. All related terms, guarantees, or commitments pertaining to such transactions are strictly established between you and the First Party (vendor or seller). You agree that ISHTAR AUCTIONS LLC FZ not legally responsible for any loss, damage, whether tangible or intangible, or any claims of any kind resulting from any of these transactions taking place on its website. This due to ISHTAR AUCTIONS LLC FZ being a mere intermediary in facilitating the service through its platform. Definitions ? ISHTAR AUCTIONS LLC FZ: ISHTAR AUCTIONS LLC FZ Company LLC. ? Agreement means this agreement ? Personal Data: Refers to any information or data concerning the bidder personally. This encompasses details like their name, nationality, gender, age, job title, address, contact number, email, credit card information, financial data, purchase history, past auction participation, and any other data not available to the public in any way whatsoever. This information can be verbally shared, gathered through offline forms, or collected via the website. ? Auction means an auction undertaken by ISHTAR AUCTIONS LLC FZ. ? Auction Service: This denotes the action of accessing the electronic application or website to view auctioned items and place bids thereon. ? Auctioneer means ISHTAR AUCTIONS LLC FZ, its staff, representatives, and person and persons for the time being authorized by the Auctioneer to conduct of an Auction. ? Lots: Refers all items auctioned on the ISHTAR AUCTIONS LLC FZ website or application. ? Bidder: Describes anyone intending to buy any of the auctioned items displayed on ISHTAR AUCTIONS LLC FZ website or application. ? Bidding Number means the unique bidding number assigned to the Bidder upon registration with the Auctioneer for an Auction ? Vendor: Refers to the Owner, the seller of any lot/lots representatives thereof, and/or all kinds of private entities that have items listed on ISHTAR AUCTIONS LLC FZ website or application. ? Commission means the percentage payment as Agreement due by the Purchaser to the Auctioneer upon the sale of any Lots ? Third Party: Refers to ISHTAR AUCTIONS LLC FZ's role and scope of responsibility as an intermediary in the sales transaction between the seller and the purchaser without any obligation or liability towards them, and with no involvement in any unlawful actions that may be carried out by any auction participant. ? Hammer Price means the highest bid for any Lot accepted by the Auctioneer at an Auction ? Purchase Price means the sum total of the Hammer Price Plus VAT and the Commission ? Purchaser means the highest Bidder for any Lot ? VAT Means the applicable tax payable to the Federal Tax Authority in the UAE Registration ? Membership registration on the site is exclusive to individuals above 18 years old. ISHTAR AUCTIONS LLC FZ reserves the right to terminate the accounts of members below 18. while adhering to financial settlement upon account closure. ? When registering on the site or app, users acknowledge the correctness of all submitted data, including personal details, assume full responsibility therefor, and acknowledge that it's free from errors or ambiguity. ? Prospective buyers desiring to buy items from our website or application shall register their data, and choose a unique username and password to access the services of the website or app. Should they forget or decide to change their password, only the bidder has the right to log-in to their account on website or app to retrieve an alternative password. ? No member is allowed to maintain two active accounts simultaneously for whatever reason. ISHTAR AUCTIONS LLC FZ may suspend both accounts or terminate one of them, while ensuring all account-related financial matters are settled before its closure. ? Members bear full responsibility for all actions under their account, and they are prohibited from sharing their credentials with any other person. Users/Members shall immediately notify ISHTAR AUCTIONS LLC FZ of any unauthorized usage to the username or password or any similar breaches. ? In all cases, ISHTAR AUCTIONS LLC FZ disclaims any liability and will not assume responsibility for any direct or indirect losses or damages resulting from the disclosure of a user's credentials. ? Members acknowledge to indemnify ISHTAR AUCTIONS LLC FZ for any improper, unauthorized or illegal use carried out through their account, whether by themselves or any other person who gains access to the account via the website or the electronic application, using their username and password. ? Users are prohibited from registering or bidding under fictitious or false identities or on behalf of someone barred from placing bids on auctioned items. ? Users/members acknowledge their agreement to periodically update their registration information to maintain its accuracy, precision, currency, and completeness. ? If a member/user submits incorrect, inaccurate, outdated, or incomplete information, or if ISHTAR AUCTIONS LLC FZ suspects that the Member/User deliberately submitted incorrect or false information, ISHTAR AUCTIONS LLC FZ may suspend or terminate the account, while adhering to settling all account-related financial matters before its closure. ? Any individual whose membership with ISHTAR AUCTIONS LLC FZ is terminated is barred from using the site. General Terms and Conditions ? Any ambiguities or misunderstandings in the regulations shall not be construed in a manner detrimental to any party's interest. ? Users/Members agree to individual terms related to each auctioned item, which shall be considered as complementary and integral to the general terms and conditions governing parties relationship. ? The bidding and sale process is final and irrevocable. Therefore, Bidders are required to exercise due diligence by thoroughly inspecting the auctioned item and conducting a comprehensive examination to eliminate ignorance, prior to placing bids. They shall also verify the condition of the auctioned item intended for bidding, including its specifications, current state. ? ISHTAR AUCTIONS LLC FZ Company may postpone the auction in the event of a technical issue beyond control occurring on the electronic website or application, until such technical malfunction is rectified. ? ISHTAR AUCTIONS LLC FZ shall not be legally responsible for any technical or technological issues during the bidding process, whether on the electronic website or the application. Users/Members are not entitled to file any claims from ISHTAR AUCTIONS LLC FZ for losses sustained due to technical or technological issues during the bidding process. ? Auction time can be extended in case a last-minute bid was placed, to provide an opportunity for the remaining bidders to place their bids.ISHTAR AUCTIONS LLC FZ reserves the right to extend or postpone the auction as it deems appropriate. ? Electronic bids placed through electronic platforms or application are considered binding and irrevocable. ? Users/Members are strictly prohibited from increasing the price or engaging in any activity, whether individually or in collaboration with other bidders, attempting to raise or reduce the selling price of the offered item. No user is permitted to directly or indirectly bid on any item that is put up for auction by the client with the intent to increase the selling price. Self-dealing is strictly prohibited. Self-dealing refers to activities performed by any individual or entity that buys or sells in an auction where the seller or buyer belongs to the same entity or entities of the former, where the intention of such dealings is to manipulate the auction process to create an unfair advantage, defect, or to impose an unjustified risk on ISHTAR AUCTIONS LLC FZ or others and ISHTAR AUCTIONS LLC FZs reserves the right to close the account while adhering to the settlement of financial dues upon account closure. ? These regulations and rules set forth in the Terms & Conditions herein shall govern the relationship between parties concerned with the electronic website or application. Nothing contained herein can be used as a proof or tangible evidence against ISHTAR AUCTIONS LLC FZ. ? ISHTAR AUCTIONS LLC FZ may withdraw auctioned items at any time and without prior notice, at any time it deems appropriate, or in accordance with the request of the vendor/seller. ? If, for any reason whatsoever, ISHTAR AUCTIONS LLC FZs finds it necessary, it shall, without prior notice, possess the full right to suspend or terminate any of the services provided by the website or the electronic application. It may also prohibit users/members from accessing the website or the application and/or remove any materials posted therein, and take any actions, whether electronic or legal, it deems suitable to prevent users from accessing the website. ISHTAR AUCTIONS LLC FZ has the right to remove inactivated or inactive accounts, when that needs to be done. ? ISHTAR AUCTIONS LLC FZ has the right to change the service fees displayed on the website, either temporarily or permanently, without prior notification. This alteration can occur for promotional purposes, upon the introduction of new services, or for any other reason. ? All auction transactions are in Emarati Dirhem (AED) . ISHTAR AUCTIONS LLC FZ isn't liable for losses from currency conversions or due to exchange value. ? Timeframes in these terms are estimates. ISHTAR AUCTIONS LLC FZ isn't liable for any discrepancies in such timeframes. ? All auction items are sold "as is", without warranties from ISHTAR AUCTIONS LLC FZ regarding details, specifications, or information provided by the seller, Bidders bear the sole responsibility to verify item details and information before bidding. ? The descriptions of the lots are made with the greatest care and to the best of our knowledge, but without binding. Complaints of any kind must be received by the auctioneer no later than 8 days after receipt or delivery. Lots must be unaltered ,i.e in the same condition at the time of delivery otherwise the complaint is excluded. In particular,the following are considered to be changes. ? The auctioneer reserve the right to combine, separate , offer out of order or withdraw numbers of the catalogue during the auction. ? Claims of any kind against the consignor and against the auctioneer expire no later than 6 months after the auction. ? Viewing by appointment only- info@ishtarauctions.com ? The Auctioneer sells as an agent for the Vendor and as such is not responsible for any default by Vendor or Purchaser. ? ISHTAR AUCTIONS LLC FZ retains the right to modify the website or application's terms and conditions whenever they see fit. These changes take effect immediately upon posting on the website or application, without any need for prior notice to users/members. Limitation of Liability ISHTAR AUCTIONS LLC FZ won't be held accountable for any special, incidental, direct, indirect, consequential damages or any potential loss of profits to the seller or buyer. This covers a broad spectrum of damages, including loss of profit and financial losses, regardless of their nature. Trademarks and Auction Data ISHTAR AUCTIONS LLC FZ alone has the right to use all trademarks and logos, and it undertakes not to copy, modify, or distribute any content from the website, or violate, in any way and under any circumstance, terms of copyright materials or trademarks of the website or the electronic application. Users are forbidden from recording, copying, storing, duplicating, reproducing, broadcasting, or exploiting any data or audio/video content or images related to the auction. Harm to ISHTAR AUCTIONS LLC FZ Users undertake to refrain from using any form of hacking tools or programs, such as Hackers, Robots, Spiders, Scrapers, etc., to access the website or app, for any reason whatsoever. Additionally, users undertake to comply with all provisions of laws pertaining to IT, indicated in Federal Decree Law No. 5 of 2012 on combating IT crimes and its amendments. Users undertake to refrain from any activities that might negatively affect the infrastructure of the website or the app, hinder user access, or limit access to certain user categories in anyway whatsoever. Bidding ? The items to be auctioned can be viewed and inspected before the auction. ? The auctioneer does not assume any guarantee in the legal sense for the catalogue descriptions made to the best of his knowledge and belief. ? The items to be auctioned can be viewed and inspected before the auction.The auctioneer does not assume any guarantee in the legal sense for the catalogue descriptions made to the best of his knowledge and belief. ? All lots will be sold to the highest bidder. ? Bids can be placed prior to the auction ? Auto bid? or during the live auction. In the case of equal bids preference is given to the first bid received at the discretion of ISHTAR ACTIONS LLC FZ. Bidding follow s set bidding increments and bids that do not follow bid increments are automatically rounded up to the next full increment. Bid cannot be lowered or deleted after having been placed. ? The highest Bidder shall be the Purchaser. Any dispute as to any bid shall be settled at the Auctioneer's absolute discretion. Every Bidder shall be deemed to act as a principal unless there is in force written acknowledgement by the Auctioneer that the Bidder acts as agent on behalf of a named principal. Any such agency arrangements must be notified to the Auctioneer at registration. ? No Bidder may advance less at a bid than a sum to be named from time to time by the Auctioneer. ? Auctioneer may offer Lots to internet bidders using its online service; however, Auctioneer shall not be liable for any claims or costs arising from its failure to do so. Inaccuracies in the catalogue or on the internet will under no circumstances relieve the Purchaser from responsibilities accepted on the Bidders Registration form. ? The Auctioneer will use reasonable endeavours to ensure that all Lots appearing in the catalogue for sale are presented for sale at the Auction but the Auctioneer accepts no liability for loss or damage howsoever arising (included but not limited to costs of attendance of Bidders at the Auction) in the event that any Lot is withdrawn or otherwise is not presented for sale at any Auction. ? Bidder acknowledges and agrees that the acquisition, delivery, export, and ownership of certain products or source of funds for such products are subject to international, federal, state, and local regulations. Bidder expressly represents that it is presently in full compliance with and shall continue to comply with all applicable international, federal, state and local laws, statutes, ordinances and regulations relation to the acquisition, delivery, export, and ownership of any Lots as may be required by Bidder. Buyer?s Premium Buyer?s Premium is 13% and 5% VAT for UAE Customers will be added to the hammer price, on all lots.. For Emirates Philatelic Association members the Buyer?s Premium is 11% Plus 5% VAT . Their will be no VAT for a customer outside United Arab Emirates as our company is a Free Zone company . Guarantees ? ISHTAR AUCTIONS LLC FZ offers no guarantees for any of the auctioned items, otherwise, it is mentioned in the item details. ? ISHTAR AUCTIONS LLC FZ holds no responsibility and provides no warranty for any statements, specifications, details, and/or information presented by the seller. This includes, but isn't limited to: ? Descriptions provided for items. ? All acknowledgments and guarantees made by sellers or their agents. ? It is the sole responsibility of the bidder/buyer to scrutinize all data, advertisements, and details concerning the auctioned item before placing a bid. Compensation ? If a third party, seller, or buyer presents any claims related to an auction item, regardless of whether ISHTAR AUCTIONS LLC FZ is directly involved, you commit to shielding ISHTAR AUCTIONS LLC FZ from any potential liabilities, losses, or damages, whether before or after the action. This applies even if a sold item, post-auction, becomes the subject of any grievances or encumbrances. ? You agree not to hold ISHTAR AUCTIONS LLC FZ accountable and to free it from any liabilities stemming from: ? Utilizing the electronic auction service. ? Breaching any terms, laws, or regulations. ? Infringing upon someone else's rights. ? A seller/supplier's provision of misleading or incomplete data to ISHTAR AUCTIONS LLC FZ or any failure to unveil hidden defects in the auctioned items. ? You are agreeing to safeguard and shield ISHTAR AUCTIONS LLC FZ, including its board members and employees, from any claims, demands, losses, damages, costs, and legal fees arising from: ? Using the e-auction service. ? Breaching the terms, any governing laws, or regulations. ? Infringing upon another party's rights. ? A seller's provision of false or incomplete details to ISHTAR AUCTIONS LLC FZ or their failure to disclose any concealed defects associated with the auctioned item. Auto Bidder Service ? Steps to activate the bidder: ? Select the item you wish to place a bid on by clicking the bidder symbol. ? Define the maximum limit you would like for the bid. ? Bidders bear full responsibility for their maximum bid amount and/or their choice to use the auto-bidding function. Refund & Return Policy Winning bidders are obliged to settle the amounts due post-auction. They should be aware that they cannot reclaim any payments made if they fail to clear the remaining dues. Also, refunds are not granted in lieu of returning auction items that they've won. Notifications/Notices ? For inquiries or complaints, contact us on +971526315958 or email info@ishtarauctions.com . ? Notifications will be dispatched to the email address given during the account setup with ISHTAR AUCTIONS LLC FZ, or as later changed by the user within the service. If the user changes their email, they must inform ISHTAR AUCTIONS LLC FZ of this change by updating their account details or by emailing the updated address to email info@ishtarauctions.com . Disclaimer ? Users/Members acknowledge the internet's inherent unreliability, insecurity, and susceptibility to disruptions. ISHTAR AUCTIONS LLC FZ cannot guarantee an uninterrupted service during the auction. Users recognize and absolve ISHTAR AUCTIONS LLC FZ from any service disruptions or any hindrance in accessing or using the bidding service. ? While ISHTAR AUCTIONS LLC FZ is committed to personal data privacy, it isn't accountable for any data leaks due to breaches and attacks from cybercriminals. Any damage or loss of personal data, for any reason, doesn't hold ISHTAR AUCTIONS LLC FZ liable. ? ISHTAR AUCTIONS LLC FZ's service, inclusive of all accessible content, materials, and information, is provided "as is" and "as available," with all its faults and inconsistencies. To the fullest extent permissible by law, ISHTAR AUCTIONS LLC FZ renounces all warranties, whether implied or explicit, including but not confined to merchantability, fitness for a particular purpose, or non-infringement of laws. ? ISHTAR AUCTIONS LLC FZ does not guarantee, under the terms and conditions herein, that all the statements indicating that the auction service, content or other materials provided through the service, including, but not limited to, any programs, products, or other materials belonging to external parties, are: (A) accurate, secure, continuously available, or error-free, or that such defects will be remedied, or (B) that they meet user-specific requirements. Furthermore, the ISHTAR AUCTIONS LLC FZ does not warrant and disclaims responsibility for the accuracy and reliability of the technical inspection reports and disclosures that can be obtained through the auction service. ? Service users accept that any information, data, or materials procured via the auction service might have inaccuracies or be incomplete, whether provided by ISHTAR AUCTIONS LLC FZ or a third-party. Confirming the accuracy, completeness, and dependability of such information is solely the user's responsibility. Inspection ? items can be inspected during regular working hours at the time outlined in the specific terms and conditions of each auction. The buyer is entirely responsible for verifying and inspecting the items up for sale. ? Lots are sold based on the "as is and in location" condition. ? The buyer confirms they've inspected the items for sale, ensuring they can't claim due diligence legally. All items are sold after inspection in their current state without any warranty from ISHTAR AUCTIONS LLC FZ. The buyer can't refer any issues to ISHTAR AUCTIONS LLC FZ before, during, or after the auction as ISHTAR AUCTIONS LLC FZ only acts as a presenter and mediator in the sale. The buyer has a set period to inspect and verify the exhibits before bidding. Payment ? Payment by bank transfer to be settled within 7 working days after the invoice date , or payment can be taken from a registered credit/ debit card. ? If you have paid through bank deposit/transfer, please send a copy of the deposit/transfer receipt to info@ishtarauctions.com email with your username, phone number registered with ISHTAR AUCTIONS LLC FZ and invoice number so that we can send you the item/items. ? The payment process can be completed by deposit/bank transfer or by depositing a bank cheque (United Arab Emirates ). Payment can be made by: - Cash Payment ( For United Arab Emirates Customer). - Cheques payment addressed to ISHTAR AUCTIONS LLC FZ , ( For United Arab Emirates customers only- The items will deliver after the cheque will be cashed in ISHTAR AUCTIONS LLC FZ account. - Wire transfer ( For United Arab Emirates & International Customers) - Bank Transfer ( For United Arab Emirates customers and International Customers ) - Credit Card payment. - Transfer using Stripe application All amounts due to customers at ISHTAR AUCTIONS LLC FZ Company shall be paid by means of a bank cheque issued to ISHTAR AUCTIONS LLC FZ, provided that the cheque is issued under the name of the account holder "beneficiary" only and no other. The Auctioneer will accept the following as means of payment subject to the conditions below: ln each case the Purchaser must cause cleared funds equivalent to the Purchase Price (including but not limited to purchase total, taxes, commissions, duty and storage) to be paid to the Auctioneer within 7 days from the Auction. No payment shall be deemed to have been received by the Auctioneer until the Auctioneer has received cleared funds. Time for payment shall be of the essence. VAT VAT, per the Federal Tax Authority Law (FTA) No. 8/2017 issued by the UAE government, will be added - where relevant in an amount of 5% to the final auction price and all fees, such as without limitation (Administrative fees late payment fees receipt delay fees storage fees delivery or export fees). The application of the VAT to the final price falls under the suppliers (seller) duties, not ISHTAR AUCTIONS LLC FZ's in accordance with the Federal Tax Authority Law. Non UAE Purchasers VAT is payable by the Purchaser on the Hammer Price and Commission of all Lots at 5%. The Purchaser can request a refund (removal of VAT from the invoice) of this VAT from the Auctioneer provided the Purchaser provides to the Auctioneer's satisfaction an original bill of lading in connection with the purchased Lot. UAE Purchasers VAT is payable by the Purchaser on the Commission and Hammer Price of all Lots at 5%. This VAT amount can be reclaimed by the Purchaser from the Federal Tax Authority if they are registered for VAT. In all cases, the Auctioneer reserves the right to make its own inquiries with any third parties necessary to ascertain if any evidence of VAT registration produced to the Auctioneer by the Purchaser for the purposes of reclaiming VAT is valid. Failure to Pay In the event that the bidder fails to settle the amounts due within the specified period mentioned in the terms and conditions of the auctioned item, which starts from the invoice date, the sale will be canceled, and a fine of 1.5% of the sale amount shall be imposed. Additionally, and all necessary legal actions, both criminal and civil, will be taken against the successful bidder. Receipt and Shipping The buyer agrees to pay all shipping and packaging charges. The buyer has the right to select his own special shipping company with full responsibility. ISHTAR AUCTIONS LLC FZ offers to our purchaser the following : ? Deliver the lots using registered mail with Emirates Post, Can be insured mail (optional). ? Deliver the lots using our courier service. ? The Purchaser collects his lots from our auction house after he/she paid the invoice , or send their courier on their responsibility . Applicable law and jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as the case may be in the Emirate of Dubai. Any dispute arising out of or relating to these terms and conditions shall be under the jurisdiction of the Dubai courts, to hear and decide on any action or proceeding, and to settle any disputes that may arise