These Terms & Conditions of Business constitute an Agreement for the supply of valuation services by PICTUREVALUATION to you, the "Client". Furthermore, these Terms & Conditions of Business govern your use of our website. By using our website and by submitting a valuation request, you accept these Terms & Conditions of Business in full. If you disagree with any part of these Terms & Conditions of Business, you must not use our website or request a valuation from us.
1. PICTUREVALUATION is a provider of an online art valuation service. By submitting a photograph or photographs of a picture to be valued, along with any related information, the Client accepts the Terms & Conditions of Business as set out here, and accepts that they form part of a legally binding contract.
The Client further accepts that PICTUREVALUATION reserves the right to decline to provide a valuation, or to terminate the agreement in accordance with these Terms & Conditions.
2. THE PICTUREVALUATION ART VALUATION SERVICE
Unless stated otherwise, the Valuation supplied will be, in the opinion of PICTUREVALUATION, an estimate of a fair market value for the item - the amount the item might realise if sold on the open market. In other words, the price that might be agreed between a willing buyer and willing seller, both having reasonable knowledge of relevant facts, and neither being under any compulsion to buy or sell, or the amount that might be achieved if the item was placed in an appropriate auction at the present time, irrespective of any commission, sale expenses, taxes or other fees that might be incurred in achieving a sale at auction.
The Valuation is based purely on the inspection of a photograph, or photographs of the item, and the consideration of any information which might be supplied by the Client about the item, but without any physical inspection of the item, or any further research regarding, or test or analysis, of the item.
The Valuation will normally comprise of a high and low estimate.
3. THE VALUATION
The Valuation provided by PICTUREVALUATION is a statement of reasonable opinion and not fact. Our valuation and any statements made about your picture are expressions of our opinion or belief, based upon the photograph/s and information you submit.
The Valuation supplied is what may be expected from an online art valuation service based on the photograph/s and information you submit.
As an online valuation service, we are unable to carry out a physical inspection of a Client's picture, or carry out the kind of in-depth research that may be undertaken by professional scholars or experts having the opportunity to physically inspect an item. Thus the authorship, identification and valuation of the picture might change upon further research or examination, either by PICTUREVALUATION, or other art market experts.
Also, as the art market changes and research evolves, opinions on these matters may change.
The provision of a valuation by PICTUREVALUATION neither implies, confirms or guarantees the authenticity of the item, nor the veracity of any details or information supplied in relation to the item by the Client, such as date, age, origin, provenance, or condition.
The provision of a valuation is no guarantee that the item would realise the Valuation figure supplied if sold on the open market or at a contemporaneous or later sale or auction. Furthermore, the Valuation assumes that any item valued is free from any third party interests, restrictions or claims, and that it could be sold without restriction.
The Valuation is provided as a matter of information only, for the purpose of research only, and may not be used for official or formal purposes, for example as a definitive valuation for any proposed sale of the picture, for insurance purposes, for probate, in legal cases, insolvency and bankruptcy proceedings, divorce cases, loan agreements, and the like.
Valuations are normally supplied within the stated delivery time. However, valuations may be delayed slightly in the event we request further information from a client regarding their picture, for example, or by circumstances beyond our control, such as, but not limited to, internet outages, and the like.
4. CLIENT’S ACKNOWLEDGEMENTS, OBLIGATIONS & UNDERTAKINGS
The Client warrants that he/she is the owner of the picture submitted for valuation, or is duly and properly authorised by the owner to submit the picture for valuation.
The Client shall provide clear and accurate photographs of the picture to be valued, and full and accurate information about the picture which may be in the possession or knowledge of the Client, the owner of the picture when the Client is acting on behalf of the owner of the picture, the Client's agents, employees, servants, advisers or family, including, but not limited to:
The Client grants PICTUREVALUATION licence to use the photos and information supplied for the purpose of providing a valuation of the item.
The Client accepts that copyright in the Valuation lies with PICTUREVALUATION, that the Valuation is prepared for the sole use of the Client, and that the Valuation is not to be disclosed to, or sold to, any third party.
The Client agrees to indemnify PICTUREVALUATION and its affiliated companies, its and their servants, employees and officers, agents and suppliers fully with respect to any breach of their warranty that the Client has the necessary rights, licence or permissions to use such material, and provide it to PICTUREVALUATION.
The Client agrees to indemnify PICTUREVALUATION and its affiliated companies, and its and their servants, employees and officers, agents and suppliers fully against all liabilities and expenses incurred by them as a result of any breach of the Terms & Conditions by the Client or arising from any related claims by third parties in connection with the Valuation, or any other liabilities arising out of your use of the PICTUREVALUATION website, or the Valuation supplied.
5. LIMITATION OF LIABILITY
PICTUREVALUATION makes every effort to ensure that the information contained in the Valuation is accurate at the time of use. However, neither PICTUREVALUATION, nor any of its agents, employees, associates or partners shall be liable for any losses that may arise from relying upon the information within your valuation.
Furthermore, PICTUREVALUATION shall not be liable for any error or deficiency in the Valuation as a consequence of:
The Client holds PICTUREVALUATION, its agents, employees, associates and partners free of any and all liabilities or losses incurred through their use or misuse of the Valuation supplied.
6. TERMINATION OF THE AGREEMENT
If PICTUREVALUATION declines to provide a valuation, or is unable to provide a valuation for whatever reason, a full refund of the fee paid, and only the fee paid by the Client will be made by the same means by which the Client paid, and the Agreement shall be terminated with immediate effect.
In the event that the Client breaches these Terms & Conditions, or obtains the Valuation in connection with any illegal purpose or unlawful activity, the Agreement shall be terminated with immediate effect, the Client will not be entitled to a refund of the fee paid, and the Client will indemnify PICTUREVALUATION fully in the event that PICTUREVALUATION incurs any costs, expenses or liability as a result of the unlawful conduct.
7. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, we or our licensors own the intellectual property rights in the PICTUREVALUATION website and material on the website. Subject to the licence at number 8 below, all these intellectual property rights are reserved.
8. LICENCE TO USE WEBSITE
You may view, download for caching purposes only, and print pages from the PICTUREVALUATION website for your own personal use, subject to the restrictions below. You must not:
The whole of the PictureValuation website, including the Artist Known/Artist Unknown valuation selection option, is © PictureValuation.
We may revise these Terms & Conditions from time to time. The revised Terms & Conditions will apply from the date of the publication of the revised Terms & Conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
10. ENTIRE AGREEMENT
11. GOVERNING LAW AND JURISDICTION
This Agreement is governed by English law. Any disputes or claims hereunder will be subject to the exclusive jurisdiction of the English Courts.
12. OUR DETAILS
You can contact us by email via our website at www.picturevaluation.com, or write to us at: PICTUREVALUATION, 74 High Street, Earls Colne, Colchester, Essex, CO6 2QX, United Kingdom.
These Terms & Conditions are effective as of 27th July 2012