Conditions of Sale

All items are sold as is, where is, with all faults. Bidders are encouraged to use due diligence and inspect all items before bidding.

Azaya Art Gallery makes no express or implied warranties of merchantability, fitness, authenticity, age, condition, materials, or any other feature of a lot. Written and oral descriptions are opinions only and do not create a guarantee. All sales are final and no refunds are given.

A bidder who does not examine an item is deemed to have accepted it as fully as if the item had been examined. Bidders who require absolute certainty as to authenticity should not bid on the item in question.

Bidding will begin at a price appropriate in the auctioneer's discretion. The auctioneer may reject inappropriate bids, withdraw any lot, determine bidding procedure, or default a sale in the event of error or dispute.

All lots may be offered subject to a reserve, the confidential minimum hammer price at which the lot may be sold. In executing a reserve, the auctioneer may open bidding or bid on behalf of the consignor until the reserve is reached.

If the reserve is not met, the auctioneer may withdraw the lot. Once an item is declared sold, bidding cannot reopen; it is the bidder's responsibility to get the auctioneer's attention before the item is called sold.

Bidders must complete registration and accept these Conditions of Sale. New clients may be asked for government-issued ID; business bidders may be asked for proof of incorporation, resale documentation, or additional information.

Online registration and bidding approval are at the sole discretion of the auction house. Online bidders are encouraged to register at least three days before the auction; bidders who register within 24 hours of a sale are not guaranteed approval.

Azaya Art Gallery may request additional information, credit references, or a wire-transfer deposit. The auction house does not guarantee responses to requests submitted through third-party messaging systems; clients should correspond directly with Azaya Art Gallery by phone, fax, or the relevant email address.

Catalogue entries, photographs, estimates, condition reports, and supplemental information are provided for guidance and are statements of opinion only. Measurements, weights, materials, age, provenance, and other information may be approximate or based on available information.

Bidders are responsible for reading condition reports, requesting additional condition information, and/or inspecting items when available. Additional condition requests should be sent to info@azayagallery.com at least 48 hours before the sale.

Estimate ranges do not include buyer's premium, sales tax, shipping, storage, or other charges. The actual hammer price may fall above or below the estimate.

Bidders who cannot attend may submit absentee bids or request telephone bidding. Forms must include valid credit card information and authorization; incomplete, late, or unconfirmed forms may not be processed.

Absentee and telephone bid forms should be received no later than 5:00 pm on the day before the auction, unless a sale requires an earlier cutoff. No additional telephone bids are accepted on the day of the auction, including additions made while speaking with staff by phone.

Azaya Art Gallery executes bids by the lot number supplied by the bidder, not by description. Leaving an absentee or telephone bid indicates willingness to open bidding at one half of the printed low estimate and authorizes the auctioneer to open bidding at that level.

Telephone bidding is arranged first come, first served. Phone bidders should provide a primary number, backup number, and backup amount when possible. The minimum opening bid for telephone bids is $500.

Absentee bid amounts are maximum hammer prices and do not include buyer's premium. Unlimited bids are not accepted; plus-one bids are entered at the next bidding increment. Identical absentee bids are prioritized by receipt time, and bids below half of the low estimate may not be accepted.

Azaya Art Gallery does not accept cut bids, meaning bids that are less than the current bidding increment. A bidder who places a cut bid may lose the lot to another bidder bidding at the full increment.

Internet absentee bids left through LiveAuctioneers, EpaiLive, HiBid, or other platforms are not executed until the item is offered in the live auction; the order in which platform bids are received is not a priority factor. Sales generally move at approximately 20 to 30 lots per hour.

Online, absentee, telephone, and in-room bidding are subject to network, communication, equipment, system, and clerking limitations. Azaya Art Gallery will make reasonable efforts to process bids but is not liable for missed bids, delays, disconnections, operator error, or technical malfunction.

A buyer's premium is added to the successful bid price and is payable by the buyer as part of the total purchase price.

The buyer's premium is 22% for in-person, telephone, and absentee bidders. The buyer's premium is 25% for online platform bidders unless a specific platform or sale page clearly publishes a different premium.

The buyer is also responsible for applicable sales tax, shipping, packing, storage, bank, credit card, PayPal, platform, and other third-party charges.

Successful bidders are notified and invoiced by email; if no email address is available, an invoice may be mailed to the registered address. Payment for successful absentee, telephone, and online bids is due within 5 business days of the auction.

Accepted methods include cash, approved check, bank check, money order, wire transfer, personal or business check, bank transfer, MasterCard, Visa, Discover, other major credit cards, and PayPal. Checks must be drawn in USD on a US bank and payable to Azaya Art Gallery; clearance usually takes 5 to 10 business days.

Azaya Art Gallery may require bank checks for large purchases. Buyers not known to Azaya Art Gallery who wish to write a check must provide a bank credit letter; Azaya Art Gallery may refuse to issue a buyer number or may withhold merchandise until appropriate credit has been established. International buyers are generally required to pay by wire transfer or cashier's check.

Established buyers may pay by major credit card with a 3.3% surcharge and a $3,000 limit per purchase. PayPal payments require an added 4% service fee. Wire transfers carry a $15 wire fee, and bank intermediary or third-party fees remain the buyer's responsibility.

Items paid by wire transfer are held until funds can be verified in Azaya Art Gallery's account. By signing a bid form or accepting these terms through an online platform, bidders authorize Azaya Art Gallery to charge successful bids and applicable surcharge to the credit card on file if payment is not received within 15 days of the auction.

All purchases are subject to applicable California sales tax unless the California Certificate of Resale tax form is fully and completely filled out, received, and accepted before or at the time of purchase.

Resale tax numbers are accepted only when properly completed and accepted. International buyers are responsible for tariffs, taxes, assessments, and import requirements for items shipped to the buyer's country.

Bidding on an item indicates the bidder's understanding and acceptance of these Conditions of Sale.

If a purchaser breaches these terms, including the obligation to pay for purchased items, Azaya Art Gallery may seek all remedies permitted by law, including canceling the sale, retaining payments, reselling the property, and pursuing the defaulting buyer for deficiencies, expenses, and reasonable costs.

Shipping is primarily handled by third-party shippers. Azaya Art Gallery may arrange shipment according to an estimate stated in the catalogue or later communication; the buyer is responsible for packing and shipping costs.

Azaya Art Gallery provides limited in-house shipping for non-breakable, lightweight items only. Any shipping handled by Azaya Art Gallery is at the buyer's risk, and Azaya Art Gallery has no liability for loss of or damage to such items.

Purchased items should be picked up from the auction facility within 14 business days of the auction. Items not picked up within that period are assessed a storage fee of $5 per day, per item.

For any item not picked up within 45 calendar days, the buyer authorizes Azaya Art Gallery to resell the item on the buyer's behalf. Storage costs, directly related costs, and a 20% auctioneer's commission will be deducted from the proceeds, with a minimum charge of $50; net proceeds will be settled to the registered address.

It is the purchaser's responsibility to identify and obtain any necessary export, import, firearm, endangered species, or other permit for a lot. Symbols or notices in a sale catalogue are general guidance only and are not warranties.

Neither Azaya Art Gallery nor the consignor makes any representation or warranty that a lot is not subject to export or import restrictions or embargoes. Denial or delay of an export or import license does not relieve the buyer of the obligation to pay the total purchase price on time.

Certain property made of or incorporating plant or animal materials, such as coral, crocodile, ivory, tortoiseshell, whalebone, and similar materials, may require export, import, or resale permits regardless of age or value.

Some endangered-species materials may not be exported, imported, or resold in the United States even if certain licenses can be obtained. Azaya Art Gallery cannot assist the buyer in obtaining required licenses or certificates and gives no assurance that any such approval can be obtained.

International buyers should check with relevant government authorities before bidding. Buyers agree to comply with all domestic and international trade restrictions as a condition of sale.

Due to the embargo on Persian carpets, international shipping is not available for Persian carpets.

Azaya Art Gallery makes no warranty regarding jewelry, colored stones, diamonds, gem materials, or metals, including whether they are natural, treated, earth mined, man-made, or otherwise, or regarding status, quality, cut, value, or other qualities. Appraisals, descriptions, photographs, and estimates are offered as a service and are not complete analyses.

All gems, pearls, and jewelry materials may be enhanced by treatments. Azaya Art Gallery makes no warranty that any clock or watch is in working order.

For firearms, Azaya Art Gallery and its employees or consultants make no warranties concerning operation, safe storage, or reliability. Any firearm purchased is at the user's risk, and Azaya Art Gallery disclaims liability for accidents, injury, or damage resulting from storage or use of such lots.

Azaya Art Gallery's site, services, and collective content are provided as is, without warranty of any kind, including merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, or warranties arising from course of dealing or usage of trade.

Azaya Art Gallery does not warrant that the site or services will meet user requirements or be uninterrupted, secure, or error-free, or that information obtained through the site, services, or collective content will be accurate, timely, complete, or reliable.

Users are solely responsible for communications and interactions with other users or persons through the site or services and should take reasonable precautions.

Users agree to defend, indemnify, and hold Azaya Art Gallery, its officers, directors, employees, and agents harmless from claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from access to or use of the site, services, or collective content, or from violation of these terms.

To the maximum extent permitted by law, the entire risk arising from access to or use of the site, services, and collective content remains with the user. Azaya Art Gallery is not liable for incidental, special, exemplary, or consequential damages, including lost profits, data, goodwill, service interruption, computer damage, substitute services, personal or bodily injury, emotional distress, or damages arising under contract, tort, negligence, product liability, or other legal theory.

Azaya Art Gallery's aggregate liability arising out of or in connection with these terms, the site, services, or collective content will not exceed $100 unless applicable law does not allow that limitation.

All trademarks, service marks, logos, trade names, and proprietary designations of Azaya Art Gallery used on the site are the property of Azaya Art Gallery or its licensors. Other marks and names are the property of their respective owners.

These terms and any related action are governed by the laws of the State of California without regard to conflict-of-law provisions. Actions to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights are subject to exclusive jurisdiction and venue in the state and federal courts located in California, and each party waives objections to jurisdiction and venue.

Except as provided in these terms, any dispute, claim, or controversy arising out of or relating to these terms, the site, or services will be settled by binding arbitration. Either party may bring an individual action in small claims court and may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The buyer and Azaya Art Gallery each waive the right to a jury trial and the right to participate as a plaintiff or class member in any class action, class arbitration, or representative proceeding. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

These terms and any additional terms presented through the site or services constitute the entire and exclusive understanding between the user and Azaya Art Gallery regarding the site, services, and collective content, and supersede prior oral or written understandings.

Users may not assign or transfer these terms by operation of law or otherwise without Azaya Art Gallery's prior written consent. Any attempted assignment without consent is null and void. Azaya Art Gallery may assign or transfer these terms without restriction.

Notices relating to these terms may be given by Azaya Art Gallery by email to the address provided by the user or by posting to the site; email notice is deemed received on the date sent.

Azaya Art Gallery's failure to enforce any right does not waive that right. Any waiver must be in writing and signed by an authorized representative of Azaya Art Gallery. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in full force.

Azaya Art Gallery may change these terms from time to time by posting changes on the website without additional notice. Users should periodically review the Conditions of Sale.