Antique Appraisals - Terms And Conditions

Please read these terms carefully before using the Website. Using the Website indicates that Users accept the Conditions of Use and the Privacy Policy. If Users do not accept these terms, they must not use the Website.

1. INTRODUCTION

1.1 By accessing any part of the Website, Users shall be deemed to have accepted the Conditions of Use and the Privacy Policy in full. If Users do not accept these terms, they must leave the Website immediately.
1.2 AntiqueAppraisals.net may revise the Conditions of Use at any time by updating this posting. Users should check the Website from time to time to review the then current the Conditions of Use, because it is binding on them. Certain provisions of the Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
1.3 The Conditions of Business shall apply to any provision of services by AntiqueAppraisals.net requested, entered into through the Website.
1.4 1.4 The Conditions of Use and the Privacy Policy shall be incorporated into the Conditions of Business. To the extent there is a conflict between any term of the Conditions of Use or the Privacy Policy and any express term of the Conditions of Business or any agreement based on the Conditions of Business the relevant term of the Conditions of Business or agreement shall prevail.

7. DISCLAIMER

7.1 While AntiqueAppraisals.net endeavours to ensure that the information on the Website is correct, AntiqueAppraisals.net does not warrant the accuracy and completeness of the material on the Website. AntiqueAppraisals.net may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and AntiqueAppraisals.net makes no commitment to update such material.
7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, AntiqueAppraisals.net provides you with the Website on the basis that AntiqueAppraisals.net excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for the Conditions of Use, might have effect in relation to the Website.

8. LIABILITY

8.1 AntiqueAppraisals.net, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of AntiqueAppraisals.net’s group companies and the officers, directors, employees, shareholders or agents of any of them, shall not be liable or responsible for any amount or kind of loss or damage that may result to Users or third parties (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect their computer equipment, software, data or other property on account of their access to, use of, or browsing the Website or their downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in the Conditions of Use shall exclude or limit AntiqueAppraisals.net’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If a User’s use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, the User shall assume all costs thereof.

9. RIGHTS OF THIRD PARTIES

9.1 No person (except an agent of AntiqueAppraisals.net) who is neither a User nor AntiqueAppraisals.net under the Conditions of Use shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Conditions of Use.

10. GOVERNING LAW AND JURISDICTION

10.1 The Conditions of Use shall be governed by and construed in accordance with English law. Disputes arising in connection with the Conditions of Use shall be subject to the exclusive jurisdiction of the English courts.

Conditions of Business – Important Legal Notice

ATTENTION: The Conditions of Business shall constitute an agreement for a supply of valuation services (the “Agreement”) by AntiqueAppraisals.net (the “Company”) to you (the “Client”).

YOU SHOULD READ THE TERMS SET OUT BELOW CAREFULLY AS THEY WILL FORM PART OF A LEGALLY BINDING CONTRACT YOU WILL BE ENTERING INTO IF YOU CHOOSE TO HAVE YOUR OBJECT VALUED BY AntiqueAppraisals.net

1. INTRODUCTION

1.1 The headings in the Conditions of Business are inserted for convenience only and shall not affect the construction of the Agreement.

1.2 By submitting the photographs of the object to be valued and any related information, the Client:

(a) accepts of the Conditions of Business as set out here; and

(b) grants AntiqueAppraisals.net a world-wide non-exclusive, perpetual, royalty-free licence on all the material provided.

1.3 AntiqueAppraisals.net reserves the right to refuse to provide a valuation.

2. THE AGREEMENT

2.1 The Agreement shall consist of the Conditions of Business. No other documentation, correspondence or any other form of communication shall form any part of the Agreement unless both parties so agree in writing.

2.2 The Agreement shall only be entered into and come into effect once AntiqueAppraisals.net has accepted to make a valuation of the object and the Client has paid the Price subject to AntiqueAppraisals.net’s right to withdraw its services in accordance with the terms hereof.

3. VALUATION SERVICES

3.1 Under the Agreement, AntiqueAppraisals.net shall provide a valuation service regarding the photograph of an object submitted by the Client. This service consists of giving an electronic estimate of the value of the object submitted (high and low estimate) which in AntiqueAppraisals.net’s opinion could be achieved if the object were to be sold without reserve on the open market at an international auction with a reputable auctioneer after appropriate marketing and on the basis of your warranties and acknowledgements set out below (the “Valuation”) at the time the Valuation is given. The Valuation does not take into account any sale expenses, commissions and taxes (including capital taxes, duties, excises, value added or sales tax) which might apply or become due on a sale or transport of the object. Unless otherwise stated in writing, the Valuation is based upon a preliminary inspection of the photograph of the item submitted and without any physical inspection, cleaning, restoration, detailed inspection or disassembly and without any research into the item’s background or further tests and analysis. The Valuation is a statement of opinion and not fact.

3.2 AntiqueAppraisals.net aims to provide the Valuation within [2] Business Days (Business Days for these purposes are the days on which banks are open for business in London) after the Client has submitted his request provided you have submitted all relevant details and information by [3]pm British standard time (B.S.T) or 2 Business Days from the following Business Day where all information has been submitted on or after 3pm B.S.T on a Business Day or other day. If this period of 2 Business Days is exceeded, the Client shall not be entitled to a refund.

4. THE VALUATION

4.1 AntiqueAppraisals.net gives no representation, warranty or guarantee in the Valuation in respect of an object’s origin, provenance, attribution, condition, date, age or authenticity.

4.2 AntiqueAppraisals.net makes no representation or warranty in the Valuation that the object will realise the amount at which it is valued upon a contemporaneous or subsequent public or private sale.

4.3 AntiqueAppraisals.net does not warrant or represent in the Valuation that the object valued is safe, functioning or fit for the purpose for which it was intended.

4.4 The Valuation shall remain the copyright of AntiqueAppraisals.net and shall be prepared only for the Client and is not to be used by any other person, or disclosed to any third party (other than the Client’s professional advisors) or reproduced or published in any form without AntiqueAppraisals.net’s prior written consent. The Client shall indemnify and keep indemnified for 21 years AntiqueAppraisals.net and its affiliated companies, and its and their servants, employees and officers against all liabilities and expenses incurred by them as a result of any breach of the above commitment by Client or arising from related claims by third parties in connection with the Valuation.

4.5 The Valuation may not be used for official or formal purposes such as (without limitation) in legal proceedings, insolvency or bankruptcy proceedings, divorces cases, for insurance purposes, or anything such like.

4.6 The Client shall have a perpetual non-transferable licence to the Valuation subject to AntiqueAppraisals.net’s right to revoke or withdraw its Valuation.

5. CLIENT’S OBLIGATIONS AND ACKNOWLEDGEMENTS

5.1 The Client shall pay the Price for the Valuation to AntiqueAppraisals.net.

5.2 The Client warrants to AntiqueAppraisals.net that he is the owner of the object or is duly and properly authorised by the owner to have the object valued.

5.3 The Client warrants that each object submitted for valuation is free from any third party interests, restrictions or claims whatsoever.

5.4 The Client warrants that all material provided is owned by the Client or the Client has the right to use such material and provide it to AntiqueAppraisals.net. The Client indemnifies AntiqueAppraisals.net fully with respect to any breach of this warranty.

5.5 The Client shall provide clear and accurate photos and provide full and accurate information about the object, such as already known authenticity issues, relevant location of the object, provenance, condition, condition issues, previous sales history and any other related information, in the possession or knowledge of the Client, his agents, employees, servants, advisers or his family. Where “family” in relation to a Client for the purposes of the Conditions of Business means the spouse or civil partner of the Client (including former spouse or civil partner), siblings (including step-siblings), parents (including step-parents), and children (including step-children and adopted children) of the Client or the Client’s spouse or civil partner.

5.6 The Client acknowledges the following statement. The Valuation is an estimate that is a matter of reasonable opinion and as such opinions as to value may differ. Particular circumstances affecting the value of an individual object may not be known or foreseeable at the time of the Valuation. Values can also fluctuate as a consequence of external circumstances such as (without limitation) changes in the prevailing market conditions for the object or changes in relevant scholarship. In addition, the preliminary nature of the valuation work carried out may mean that the identification, attribution and value of the object might be subject to change on further examination or research by experts at a later stage whether these are internal or external to AntiqueAppraisals.net. Unless otherwise stated in writing, the Valuation only reflects an estimate, the inherent characteristics (visible from the photographs provided) of the object being valued and does not reflect the surrounding circumstances of the object being valued (such as, without limitation, the object’s provenance or place in a wider collection, or the existence of several similar items available for sale at the same time).

6. THE PRICE OF THE VALUATION

6.1 The Price shall be in accordance with the price list published on AntiqueAppraisals.net’s website at the time the item is submitted by you.

6.2 The Price is inclusive of VAT.

6.3 AntiqueAppraisals.net reserves the right to revise prices at all time and to hold special offers and discounts at various times.

7. LIMITATION OF AntiqueAppraisals.net’S LIABILITY

7.1 AntiqueAppraisals.net shall not be liable for any deficiency (including but not limited to any omissions, mistakes, erroneous attributions, authenticity issues or inaccurate values) in the Valuation as a consequence of:

(a) external circumstances such as (without limitation) changes in the prevailing market conditions for the object, information not publically available or changes in relevant scholarship;

(b) the surrounding circumstances of the object being valued (such as, without limitation, the object’s provenance or place in a wider collection, or the existence of several similar items available for sale at the same time);

(c) failure to provided full and accurate information in the knowledge or possession of the Client, his agents, employees, servants, advisers or his family (see clause 5.5 of the Conditions of Business for the definition of family); and

(d) any other factors that cannot be identified by a reasonable inspection of the photographs received and information received by AntiqueAppraisals.net (including but not limited to factors that can be identified only by a physical inspection of the object).

7.2 Nothing in the Conditions of Business shall exclude or limit AntiqueAppraisals.net’s liability for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(b) fraud; or

(d) any liability which cannot be excluded or limited under applicable law.

8. TERMINATION OF THE AGREEMENT

8.1 Where AntiqueAppraisals.net breaches clause 3.1 or 3.2 of the Conditions of Business:

(a) the Agreement shall be terminated with immediate effect;

(b) a refund of the price paid for the Valuation done shall be credited to the Client by the same means through which the Client paid AntiqueAppraisals.net less any administration or other charges made by the Client’s credit card, debt card, bank or other provider; and

8.2 Where the Client breaches clause 4.4, 4.5 or any provision of the Conditions of Use, or obtains the Valuation in connection with any illegal purpose, in commission of a criminal offence or any other unlawful activity (“Unlawful Conduct”):

(a) the Agreement shall be terminated with immediate effect save for the provisions of clauses 4.4, 7.1, 9, 10 and 11;

(b) the Client shall not be entitled to a refund on the price paid for the Valuation;

(d) the Client shall pay to AntiqueAppraisals.net an amount equal to AntiqueAppraisals.net’s liability, expenses and costs arising in connection with the Client’s breach of said clauses or Unlawful Conduct.

8.3 There shall be no further liability of AntiqueAppraisals.net to the Client from the date of termination of the Agreement.

9. RIGHTS OF THIRD PARTIES

9.1 No person who is not a party to the Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.

10. SEVERANCE

10.1 In the event that any part of the Agreement should be held to be unenforceable for any reason, that term shall be deemed to be not part of the Agreement, the remaining portions of the Agreement shall remain in full force and effect.

11. GOVERNING LAW AND JURISDICTION

11.1 The Agreement shall be construed in accordance with English law. In the event of disputes hereunder, the parties hereto submit to the exclusive jurisdiction of the English courts.

12. CONTACT AntiqueAppraisals.net

12.1 AntiqueAppraisals.net can be contacted by via email HERE