Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS SHALL CONSTITUTE AN AGREEMENT BETWEEN US “THE ANTIQUES VAULT LTD” AND THE “CLIENT” (THE VALUATIONS APPLICANT) FOR “US” TO SUPPLY “THEM” WITH A VALUATION OF AN OBJECT. WE STRONGLY ADVISE THAT YOU THOROUGHLY READ THE TERMS AND CONDITIONS THAT FOLLOW, WHICH YOU WILL BE AGREEING TO WHEN SUBMITTING IMAGES AND INFORMATION SO THAT WE CAN VALUE YOUR PROPERTY.
1.1The words "we", "us" and "our" refer to Antique Vault Ltd. The words “client”, "members", "users", "you" and "your" refer to all visitors, persons submitting request for valuations, buyers and sellers collectively. The word "Buyer" refer specifically to "Buyers" and the word "Seller" refer specifically to "Sellers". The words "item", "items" and "inventory" refer to the items submitted for valuation or for sale.
2.1Our agreement shall consist of the terms and conditions set out in this document alone. Any changes to our terms and conditions, or additions in whatever form may be included in the agreement set out within our terms and conditions unless set out and agreed in writing by both parties.
2.2 The agreement as set out in our terms and conditions will only be entered into and take effect when we have accepted to value your property.
2.3By submitting an image or images of an item or items for us to value along with any relevant information, you the client:
(a) Accept our terms set out within this document and
(b) Grant Antique Vault the royalty free permission to use such information and material in perpetuity.
(c) Antique Vault retains the right of refusal upon receipt of requests for valuations
3. THE CLIENT'S OBLIGATIONS TO US.
3.1 The client warrants that he is the lawful owner or acts with the agreement of the lawful owner of the property in applying to us for a valuation of said property.
3.2 The client warrants that in applying to us for a valuation that the objects as well any information that he sends us (in whatever form) is free from any third party interests, restrictions and that he has the right to use such, as well as provide it to us. The client will therefore indemnify us fully in respect to any breach in this warranty.
3.3 You the client that in applying for our valuation acknowledge the following statement: The valuation that we send you is a realistic estimate upon the value that we believe that we could realise if we were to sell it on your behalf. This value may be presented in a single sum, or more usually a lower and higher estimate to suggest a probable price range. Outside opinions regarding the valuation may well differ. The valuation estimate is accurate as we see it at the time we date the valuation. We make no guarantee that an item will hold its value, or gain in value. Discoveries or trends in scholarship may well mean that an item may be reattributed in terms including but not limited to manufacture, age and authorship. We maintain the right to change any aspect of our valuation upon a physical inspection, or should further information outside the scope of the information that you have given us come to light.
4. OUR FREE VALUATIONS SERVICE.
4.1 Under the terms of the Agreement, Antique Vault will provide a free valuation upon receipt of a photograph of an object, supplemented by any information thought to be relevant to that object, submitted by the Client. Our valuation service consists of the sending of an e-mail, or reply by telephone where specially requested, of the estimated value of the object should we sell it on their behalf. The Valuation does not take into account our sale expenses, taxes (including capital taxes, duties, excises, value added or sales tax which may well be due or become due upon the objects sale or transport.
4.2 The Valuation is a statement of our professional opinion and relates completely to our market as we see.
4.3 Antique Vault will endeavour to reply to a Valuation request within a reasonable period after the Client has submitted his request provided you have submitted all relevant details and information to us.
4.4 We make no guarantee, warrantee or representation that if the client’s property should come up for sale privately or publicly, that it would realise in financial terms the figure or figures stated in our valuation.
4.5 Our free valuation may not be used for any formal or official uses, which shall not be limited to legal proceedings such as divorce settlements, bankruptcy, insolvency, insurance or any other such purposes.
4.6 Our valuation is dated and is in our opinion only strictly accurate at the time of issue.
4.7 We make no representations, guarantees or warrantees in regards to the objects safe operation, fitness for its intended purpose or being safe.
4.8 The valuation that we have sent to you will remain the copyright of Antique Vault Ltd; it is for the use of the client and his professional advisors only. It is not to be disclosed to third parties, published or reproduced in any manner or media without our prior written consent.
5. PHYSICAL VALUATIONS.
5.1 The price shall be agreed by you and us in writing previous to the commencement of the valuation process and will be inclusive of VAT.
5.2 Antique Vault retains the right to change our prices and to hold discounts and special offers at any time.
5.3 Our arranged physical valuations involving a charge from us may be used for any formal or official uses, which may include but are not limited to legal proceedings such as divorce settlements, bankruptcy, insolvency, insurance and any other such purposes agreed with us previously in writing.
6. LIMITATIONS OF OUR LIABILITY.
6.1 We shall not be liable for any mistakes including but not limited to, omissions, authenticity issues, misidentifications, incorrect attributions, inaccurate valuations, due to:
(a) Any reasonable factors however remote that may arise and are not covered by the scope of our terms and conditions, during us carrying out our valuation based upon any information and images that you have supplied us with. This will naturally include but not be limited by factors that can only be ascertained by a full physical inspection of the object or objects.
(b) The client’s failure to furnish us with anything less than complete and accurate information regarding his objects to be valued that he, his agents, employees, servants, advisers or family may have knowledge or possession of.
(c) Fluctuations and changes in the surrounding circumstances of the valuation of the object, including but not limited to markets falling or rising, the discovery of related items (particularly those being simultaneously offered for sale) and changes in academic opinion that we could reasonably be expected to be aware of.
6.2 The company’s terms and conditions shall not limit or exclude it from liability in respect to:
(a) Fraud or,
(b) Misrepresentation as to a crucial matter or;
(c) Any personal injury or death caused by negligence which are covered in the Unfair Contract Terms act 1977 or;
(d) Any liability that may not be limited or excluded under the applicable English law.
7. DAMAGE AND RESTORATION.
7.1 Our valuations are based upon the quality and completeness of information that have communicated to us. We are naturally limited and restricted by the quality of any images and information that you sent us .Our valuations will be subject to change should any damage/restoration/defects come to light upon physical inspection, or due to the later communication of any relevant information previously omitted in your communications to us.
7.2 We may refer (where we feel is appropriate) to any defects damage or restoration that we can clearly identify based upon the limitations of your communications to us. The absence of such a description does in no way represent a guarantee or warrantee or in any way imply that the object is free from defects, damage or restoration.
8. OUR CATALOGUING TERMINOLOGY: DEFINED.
A work described with the name(s) of an artist without any other qualification, is in our opinion by that artist.
In other circumstances, the following expressions may be used:
In our opinion the work is most probably as a whole or in part by the artist.
“The Studio of.../ Workshop of”
In our opinion the work was executed in the studio or workshop of the artist. The work could have possibly been completed under the supervision of the artist.
In our opinion the work was completed during the working life of the artist, and clearly shows his stylistic influence.
In our opinion the work has been created in the style of the artist, but not necessarily by a pupil.
In our opinion the work has been created in the style of the artist, but at a later date.
In our opinion the work is a copy (of any date) of the artists known work.
In our opinion the work has bears (where appropriate) a signature/date/inscription by the hand of the artist.
The presence of a question mark denotes that there is in our opinion an element of doubt to the authenticity of the signature/date/inscription.
The three terms immediately above are to communicate where used, that in our opinion the signature/date/inscription has not been written by the artist.
9. MISPRINTS AND CLERICAL ERRORS.
9.1 We make every effort to ensure that the information that we publish on our website is accurate and correct however, upon occasion errors or misprints may occur. We therefore reserve the right to change any information on our website as and when we see fit, without any liability to you or any other party.
10. INTELLECTUAL PROPERTY RIGHTS.
10.1This agreement does not grant the client any rights to the use of our intellectual property, trademarks, logos, the Antique Vault website and its content which we have produced.
11. RIGHTS OF THIRD PARTIES
11.1 Our valuations are intended for the sole benefit of the original applicant for a valuation. No other party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 unless specifically agreed in by us in writing.
12.1 Should the situation arise whereby any part of our terms and conditions be held to be unenforceable for any reason, that term shall be struck out from our agreement. The remainder of the terms and conditions will remain in force and shall constitute our agreement.
13. TERMINATION OF OUR AGREEMENT WITH YOU.
13.1 If the client should breach any of the clause 4.6 and 4.8 or any of the provisions that we have set out in our terms and conditions, obtains our valuation or uses it in connection with any illegal purpose, unlawful practice or criminal offence:
(a) The agreement will be terminated with immediate effect,
(b) The client shall not be entitled to any refund should he have paid for a full physical valuation.
(c) The client shall destroy our valuation and will not have any rights to its access, use or transmission,
(d) The client shall pay any monies owed to us, or that we have incurred that may arise as a result of our valuation of the items involved and our costs as a result of his breach.
14. GOVERNING LAW AND JURISDICTION
14.1 Any Agreement that we have entered into with a client shall be conducted in full accordance with English law. Under the event of a legal dispute between Antique Vault and a client, the two parties are to submit exclusively to jurisdiction of the English courts.
15. CONTACT THE COMPANY
15.1 The Company can be contacted by email at firstname.lastname@example.org.
By telephone on 07783 524162
117 London Road,
Please make sure that you leave your full contact details with any communication to us.