A Pair of 19th Century Ottoman Turkish Islamic Tombak (gilt copper) Pendants

Terms & Conditions

Conditions of Sale

PARS will offer the Lot(s) listed in our Catalogue, at ‘The-Saleroom.com’, ‘Lot-tissimo.com’, and ‘LiveAuctioneers.com’ in accordance with the following terms and conditions of sale. By registering to bid at our auctions, you officially agree to these terms; therefore, you should read them carefully before entering a bid. The Conditions apply to the services we supply to you as Bidder and Buyer regarding the purchase of Lot(s) at PARS.  

1. Definitions  

1.1 In the Conditions, the following terms shall have the following meanings unless otherwise stated:  

“Bids” means a bid on Lot(s) where the Bidder is not physically present; the bid may be placed online, through an email or over the phone; a Bidder can place a bid prior to the start of an auction or while watching it online.  

“Auctioneer” means the firm of PARS, or its authorised auctioneer, conducting auctions by accepting bids and declaring Lot(s) as sold on behalf of Vendors. “PARS” “We” “Us” “Our” means PARS, incorporated and registered in Ankara, Turkiye. “PARS Auction” means a public auction organized and administered by PARS.  

“Bidder” means any person bidding on Lot(s) at auction.  

“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer.  

“Buyer’s Premium” means the commission on the Hammer Price realized for the Lot in question payable to PARS by the Buyer at a flat rate of 25% inclusive of VAT of such Hammer Price. 

“Catalogue” includes any advertisement, brochure, estimate, list or other publication of PARS containing details of Lot(s).  

 “Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, date, origin, culture, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue.  

“Expenses” means, in relation to the sale, whether realized or canceled, of any Lot(s), PARS’s charges and expenses incurred, including (but not limited to) listing expenses, legal  expenses, charges and expenses for insurance, catalogue and other  reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and postage and packing costs.  

“Hammer Price” means the heist bid reached (at or above any reserve) when the lot is deemed sold by the Auctioneer, excluding the Buyer’s Premium, any applicable expenses and any applicable VAT.  

“Online Bidding” means online bidding performed via ‘The-Saleroom.com’, “Lot-Tissimo.com’ and ‘LiveAuctioneers.com’, and any other PARS’s authorized online platforms.  

“Lot(s)” means items offered for sale at PARS.  

“Online Bidding Fee” means the additional charge levied on Lot(s) bought via the online bidding ‘The-Saleroom.com’, ‘Lot-Tissimo.com’, and ‘LiveAuctioneers.com’ as applicable.  

“Reserve” means the minimum price that the Vendor is willing to accept for their Lot(s) sold at auction.  

 “Sale Proceeds” means the net amount due to the seller, being the hammer price of the lot sold, minus Vendor’s commission at the stated rate and any other amounts due to us for our auction services from the seller in whatever capacity and however arising. 

“Vendor” means the person(s) (including their agent (other than PARS), executors or personal representatives) offering Lot(s) for sale at any PARS’s auction. If the Vendor is more than one person, each shall be jointly and individually responsible for of all obligations, liabilities, representations, warranties and indemnities of the Vendor set out in the Terms and Conditions for selling through PARS.  

“Vendor’s Commission” means the commission to be deducted from the Hammer Price of the Lot(s) payable to PARS by the Vendor at the agreed rate of 15% plus VAT of such Hammer Price.  

“Working Day” means a day other than a Saturday, Sunday or public holiday in Turkiye. 

1.2 In these Terms and Conditions, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.  

2. Registration process to bid at PARS Auctions  

2.1 All prospective bidders must complete an online registration form and provide the information we require to register you to bid at our auctions. This may include identification document to verify your identity (such as a passport or a driving license), a proof of your address dated from the last three months (tax bills/bank statements/utility bills are accepted), and also your bank details. Details of how we use your personal information can be found in our Privacy Policy on our website. We may, at our sole discretion, if you fail to complete any identification and anti-money laundering checks to our satisfaction, decline to permit you to register as a Bidder. We also reserve the right to deny participation or entry to any PARS Auction to any individual at our sole discretion.  

2.3  We act as agent for the Vendor and any contract for the sale of Lot(s) at the Auction, whether placed online, by telephone, or through email, will be made between the Vendor and the Buyer  (except where we have a direct or indirect financial interest in the Lot(s) in which case we will act as principal.) All Bidders will be held personally liable to pay the purchase price for the Lot(s) and all other sums due.  

2.4 All communication will be maintained either in English or in Turkish.  

3. Absentee bids

3.1 If we receive two or more Absentee Bids on a particular Lot(s) for the same amounts being the highest accepted bids, we will attempt, to the best of our ability, to sell the Lot(s) to the Bidder whose Absentee Bid was received or accepted by us first chronologically.  

3.2 Due to other commitments at the busy period prior to the start of an Auction, we do not accept liability for any errors or omissions when dealing with Absentee Bids received by telephone, in writing or online.

4. Online bids  

4.1   We accept bids through online bidding at 'The-Saleroom.com', ‘Lot-Tissimo.com’ and ‘LiveAuctioneers.com’. As well as these Conditions of Sale, the Internet bids through online bidding are governed by the respective online bidding platform providers’ terms of use. In the event of any conflict between these Terms and Conditions and the online bidding platform providers’ terms of use, our terms will override. You agree that you will also strictly comply with all local laws and regulations in force if you are bidding online outside of the Republic of Turkey.  

4.2   At some PARS auctions, there may be a video or digital screen in operation for the convenience of bidders using online bidding platforms.  Errors may occur in the platforms’ operation, or with regard to the quality of the image reproduced on the screen and/or the correspondence of the screen image to the original. We do not accept liability for any such errors due to events beyond our reasonable control.  

5. Auction conduct  

5.1 We have discretion at any time to refuse any bid, withdraw Lot(s) or re-offer Lot(s) for sale if we believe there may be an error or dispute. We do not accept liability for any errors or omissions for any bids received by telephone, email or online if the error/omission was beyond our reasonable control.  

6. Bidders duty to inspect the Lot(s)  

6.1 Our knowledge of the Lot(s) is dependent on the information provided by the Vendor; whilst we do seek to describe Lots accurately we are not able to carry out exhaustive due diligence of each and every Lot that we list. Prospective buyers are given ample opportunities to view and inspect Lots before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description of a lot. Due to the nature of the Lot(s) sold, due to their age, they are likely to show signs of wear and tear, other imperfections, damage, restoration or repair. To assist you, when inspecting Lot(s) we provide condition reports. However, Lot(s) may have other faults not expressly referred to in the Catalogue or condition report. Bidders acknowledge this and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the Lot(s) they may be interested in.  

6.2   Condition Reports - Reports on the condition of any Lot(s) are offered by PARS as a statement of opinion only, and not of fact. PARS are not liable for any errors or omissions contained therein. The bidders and buyers must satisfy themselves to the condition of any given Lot(s) prior to bidding. PARS will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and may not convey full information as to the actual condition of Lots.  Prospective buyers also bid on the full understanding of the fact that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion will be honestly and reasonably formed and accept liability for opinions given negligently or mistakenly. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of Lots, express, implied or statutory, are hereby excluded. 

6.3 It is the responsibility of the bidder to examine closely and meticulously the detailed and high-quality photographs and explanations that we present in our listing concerning all and any item they are going to bid for. Prior to the action date, bidders are encouraged to ask all their questions and make all inquiries regarding the items, including asking for additional photographs and/or short videos of the items. However, upon the completion of the auction, no further clarification requests, questions regarding the items, or requests for additional information can be dealt with by PARS. Please make sure to ask us all your questions PRIOR to the auction date since PARS will have to consider all such requests, questions and/or claims for additional information invalid as soon as an auction begins. Upon completion of an auction, the requests for any further information, claims regarding condition of an item or any other complains will not be accepted by PARS. 

6.4 If a bidder feels a need to obtain an independent opinion of an expert outside of PARS concerning any item listed by PARS, they are welcome to seek the benefit of such an opinion; however, all these consultancies must take place prior to the beginning of the auction. No third party’s opinion will be taken into consideration upon completion of the auction.

6.5 Feel free to contact us for any further information, questions and additional photos of the items. Virtual viewing of Lot(s) is available by appointment ONLY.

6.6 Please keep in mind that on rare occasions, studio photos may render colors of some items slightly different due to light deflection; therefore, you can ask for a photo of an item in natural daylight.

6.7 If a Bidder fails to take any of the above measures to inspect the Lot(s), they do so at their own risk.  They will not be able to withdraw from the sale once their bid has been accepted without incurring financial consequences. 

6.8 We make every effort to ensure the accuracy of any statement regarding the Lot(s), made verbally or in our catalogues; however, we give no representations or warranties on any statement we make in respect of age, attribution, authenticity, authorship, condition, date, origin and provenance of the Lot(s), made verbally or in our catalogues.  

6.9 If we sell a Lot(s) at PARS, which prove to be a Deliberate Forgery, we shall refund to the Buyer ONLY the hammer price and the Buyer’s premium, this being the total amount the Buyer can recover from us. The refund will only be made to the Buyer directly, and not to any third party. Neither we nor the Vendor will be liable for any special, indirect or consequential losses or damages that the Buyer incurs as a result of the Lot(s) proving to be a Deliberate Forgery. In the event the Buyer believes the Lot(s) to be a Deliberate Forgery:  

6.9.1  The Buyer must notify us no later than within 5 days of the Buyer receiving the Lot(s) in question (as per the consignment papers of the Postal Service);  

6.9.2  On our instruction, and at their cost, the Buyer must instruct two independent experts agreed by the parties to provide opinion on whether the Lot(s) are a Deliberate Forgery. After deliberating the contents of the expert reports, and at our sole discretion (not being bound by any such expert’s conclusions), if we determine that the Lot(s) is a Deliberate Forgery we will agree to refund the above mentioned amount paid.  

6.9.3 In case we have accepted the Buyer’s claim, the Buyer is to ship us the Lot(s) back at their own expense and within 10 days upon the agreement regarding the refund is reached.

6.9.4. PARS will refund the hammer price and the Buyer’s Premium of the Lot(s) within 10 working days upon physical and actual receiving the Lot(s) at PARS’s premises and provided that upon inspection of the Lot(s) by PARS no alterations and/or damage to the Lot(s) has been observed.

6.10 The Buyer has no right to a refund in the event of claiming the Lot(s) are a Deliberate Forgery where:  

6.10.1 the Catalogue description of the Lot(s) at the time of the sale was the generally accepted opinion of scholars and experts;  

6.10.2 if, at the date of its sale, the only way of confirming the Lot(s) was a Deliberate Forgery was by scientific or other processes which were not available until after the Lot(s) was published in the Catalogue; or  

6.10.3 we were not notified that the Lot(s) may be a Deliberate Forgery by the Buyer within the time period specified in clause 6.6.1.  

7. Auction

7.1 Subject to our sole discretion, the person making the highest bid for any Lot(s) that is accepted by the Auctioneer at the Auction will be sold the Lot(s). The fall of the hammer (or closing of the Lot during a Timed Auction) marks the acceptance of the highest bid and formation of a contract for the purchase of the Lot(s) between the Vendor and the Buyer. The Buyer shall become legally responsible for the Lot(s) at fall of the hammer (or closing of the Lot during the Timed Auction). We have the right to lawful possession of the Lot(s) until the Purchase Price and any other costs and expenses reasonably incurred by PARS in connection with the storage of such Lot(s) has been paid in full and in CLEARED funds to us. The Buyer will be responsible for arranging and maintaining suitable insurance for the Lot(s) following the conclusion of the Auction.  

7.2 If the Artists Resale Rights Regulation 2006 were to apply to any Lot(s), the buyer agrees to pay us an amount equal to the applicable resale royalty provided for in that regulation and we shall undertake to the Buyer to pay that amount to the relevant artist’s collection agent.  

7.3 The responsibility of PARS upon completion of any auction is limited to secure packing, prompt shipping and informing the Buyer about the shipment tracking number for their lots. It is the sole responsibility of the Bidder and/or Buyer to find out whether the purchased product can be imported or not to their country; it is the responsibility of the Bidder and/or Buyer to find out prior to bidding what customs or import duties or any other taxes or limitations are associated with the Lot(s) they are bidding on. PARS will not be involved in any customs clearance procedures, will not participate in any tax payments in any foreign country with regard to the purchases made at its auctions.

7.4   All auctions sales are FINAL, and because of the nature of auction business and the fragility of the items, there will be NO RETURNS ACCEPTED unless the item is a proven FAKE (and the proof is available) or differs from the described item altogether (wrongly shipped). In these two cases, the Buyer is to ship the item back to PARS at the Buyer’s expense.

8. Payments

8.1. Upon the completion of an auction, PARS will send Buyers their invoices via email or through the relevant online bidding platform site.

8.2. All payment will be made in US dollars.

8.3. The total price to be paid by the Buyer will be calculated as follows: Hammer price of the Lot(s) + 25% Buyer’s Premium for the Lot(s) + Online Bidding Fee (as applicable at relevant online bidding platforms, usually between 3 and 5%, payable to the platforms and not to the Auctioneer) + Shipping Fee (as indicated in the description of each Lot for the default shipping option [please, refer to Shipping Clause for further information]) + 5% Credit Card/Wire Transfer Fee.  All payments will be calculated according to this system, duly specified in the invoices, and there will be no extra charges and no additional payment claims on the part of PARS.

8.4. All Buyers are to make payments in full, in CLEARED FUNDS, within 7 calendar days upon the receipt of the Invoice from PARS. If a Buyer fails to make the full payment within 7 calendar days upon receiving the invoice from PARS, PARS retains the right to list the item again without any consideration of the winner and his claims on the item.

8.5. All auction winners are to provide the copy of the payment documents to PARS via WhatsApp or email as shipping of the Lot(s) will only be performed upon receipt of the full payment in clear funds. 

8.6. PARS is not responsible and does not get involved into any procedures or fees associated with the customers’ local taxes or customs clearance of the Lot(s) in their countries.

8.7. If, for one reason or another, the Buyer makes a partial payment to PARS within the allowed period of time, no matter how small or large such partial payment might be, PARS retains the right to keep the partial payment and to list the item in question again at its sole discretion.

8.8. Accepted payment methods include credit card payments via Stripe and wire transfer via Wise. Both payment methods will entail 5% Credit Card/Wire Transfer Fee. It’s our preference to receive the payments by wire transfer.

9. Shipping

9.1. We offer 100% in-house worldwide shipping for the convenience of our Bidders, and our packing staff has extensive knowledge and experience in safe and secure packing and shipping of all sorts of items and we always endeavor to ensure all items that are shipped are packed to the best of our ability. However, we are not a professional certified posting and packing company, and as such, we will not be held responsible for any potential damage or lost property. Claims may be made against postal services or any courier that is being contracted to deliver the packed goods. Upon shipping of the Lot(s), PARS will provide the consignment tracking number and a website link to track the posted Lot(s), and that will mark the end of PARS’s responsibility for the Lot(s). However, for the benefit of our Buyers, if the Buyer needs help getting in touch with Turkish postal authorities, we may assist upon request within our capabilities.

9.2. The price of packing and handling is included into our shipping price. The shipping price indicated for each item is the worldwide shipping fee.

9.3. We will hand over properly and securely packed Lot(s) to the postal carrier within 7 to 10 working days the longest upon receiving the full payment in clear funds.

9.4. Our default shipping method is registered airmail by either TurPex or Turkish State Postal Service, and the shipping prices quoted on the items’ pages are the prices of this default shipping method. If the Buyer of a particular Lot(s) chooses to use a different carrier, such as DHL or FedEx, we will obtain a quote upon such a request, and the customer will need to pay a different, usually way higher, amount for shipping. We will deliver the Lot(s) to DHL or FedEx branches on behalf of the Buyer. However, as long as we receive no request to ship the Lot(s) by DHL or FedEx, we will automatically use our default shipping method.

9.5. Combined shipping is available only for those Lot(s) that can reasonably be safely packed together according to the State Post regulations and without compromising the safe shipping of other Lot(s) in the same package. The price of combined shipping will be calculated as follows: the highest shipping price will be considered as the basis and, depending on the size of the additional item(s), there will be an addition depending on the items’ size and weight. The combined shipping, if applicable, will be reflected in your invoice.

9.6. PARS is not responsible for any costs associated with customs clearance of the item(s) purchased by the Buyers.

9.7. PARS, motivated by its dedication to protecting environment, will do its best to reuse and repurpose as much packaging materials as possible.

By bidding at the auction, you agree to be bound by the above listed terms.

10. Non-payment of the invoice 

If the buyer fails to pay us the purchase price as indicated in the invoice within 7 (seven) days upon receiving the invoice, we or the Vendor may within 14 (fourteen) days of the Auction, and at our sole discretion, exercise the following rights:  

10.1 store the Lot(s) at the Buyer’s sole risk and expense; 

10.2 cancel the purchase of any or all of the Lot(s) by the Buyer; 

10.3 resell the Lot(s) at any PARS auction or a private sale without prior notice to the non-paying Buyer;  

10.4 hold the Buyer in breach of contract and commence official dispute procedures on the relevant online bidding platform;  

10.5 refuse the Buyer entry into and decline all bids made by the Buyer at any future PARS auctions.  

11 Import and Export of Lot(s)  

The exportation of any Lot(s) from Turkiye or the importation into any country may be subject to one or more export, import, firearm, endangered species or other permit. Many countries require a declaration of export of property into the country. Local laws may prevent a Buyer from importing a Lot(s). We are not under any obligation to cancel the purchase and refund the Buyer the Purchase Price if the Lot(s) may not be exported, imported or if seized by any government authority.  

12 Lots made of protected species 

Bidders and Buyers should check all the relevant laws and regulations before bidding on any Lot(s) which are made of or include endangered or other protected species of wildlife which includes amongst others:  Ivory, Tortoiseshell, Crocodile skin, Rhinoceros’ horn, Whalebone, certain species of coral and Brazilian rosewood.

13 The exclusion of Consumer Rights Legislation 

Where the Lot(s) sold at PARS are second hand goods, the Buyer will be excluded from statutory consumer remedies and cancellation rights on the purchase of such Lot(s), one example being vintage electrical and other vintage items which are sold as collectors’ items or ornaments and not intended for use, so PARS is not responsible for checking the quality of wiring for such items. 

14 Our liability to Bidders and Buyers  

14.1   We, as PARS, give no guarantees or warranties to the Buyer and any implied conditions or warranties, in particular but not limited to any representation or statement we make by or is made on behalf of us, whether verbally by any of its directors, officers, employees, agents or sub-contractors or printed in any Catalogue or any advertisement, brochure, commentary, list, report or valuation, concerning any aspect or quality of any Lot(s), including age, attribution, authenticity, authorship, condition, date, origin, price, provenance, value, fit for purpose, description, size or importance is  opinion only, may be amended prior to the Lot being offered for sale (including whilst the Lot is in public view) and is not to be taken as being or implying any warranty or representation of fact by us; and neither We nor any of our directors, officers, employees, agents or sub-contractors shall be in any way liable for any errors or omissions in any such representations or statements.  

14.2   Our liability for any claim brought against us by any Buyer in respect to any Lot(s) will be limited to the aggregate of the Hammer Price for the Lot(s) and the Buyer’s Premium actually paid to us in respect to the Lot(s).  

15 Photographs, Images, Illustrations and Copyright  

15.1   We shall be entitled to photograph, illustrate or otherwise produce images in our Catalogues, promotional literature and on either our own or any third party’s website of any Lot(s) for sale. The copyright in all such photographs, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our sole property. We have the right to use such photographs, illustrations, images and written material at any time and in whatever way we deem appropriate, whether or not in connection with the relevant PARS auction. The Buyer warrants that they shall not use any such photographs, illustrations, images and/or written material of or pertaining to that Lot(s) without our prior written consent and you shall fully indemnify us on a continuing basis against all costs, claims, demands, expenses, losses, damages and liabilities of whatsoever nature arising out of, or in connection with, any breach by us of this warranty.  

15.2 The Vendor and PARS make no representations and give no warranties as to whether any Lot(s) is subject to copyright or as to whether the Buyer of that Lot will acquire any copyright or other reproduction rights in it. 

16 General 

16.1. No act, omission or delay by us shall be deemed a waiver or release of any of its rights under these Terms and Conditions.  

16.2. By bidding at the auction, you agree to be bound by the above listed terms and conditions.

CONTACT INFORMATION:

If you have any question, please contact us via email iletisim@parsmezat.com