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TERMS

Last updated (25th february 2012)

1. Definitions

In these Terms and Conditions, unless inconsistent with the context or otherwise specified, the following definitions will apply to words and expressions;
“Client”or “you” means the person accessing and using the Website and/or the person or entity requesting the provision of services
“Company”or “Warstuff Valued” or “we” or “us” or “Our” means Warstuff Limited, whose registered office is at International House, 221 Bow Road, London, United Kingdom E3 2SJ
“Services” means the content, features and functionality provided via the Website to facilitate the online interaction between the Client and the Company, and the provision of a Valuation report
“Terms and conditions” means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website
“Website” means the website located at http://www.warstuffvalued.com or any subsequent URL used by us from time to time

2. Online Services

The website acts as an online venue to facilitate valuation requests from Clients to the Company for Valuation Services. You can browse the Website at any time however if you do not agree to obey the Terms and Conditions you must stop using the Website immediately.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. You acknowledge that due to the nature of the Internet, We cannot guarantee that access to the Website will be uninterrupted or that e-mails or other electronic transmissions will be sent to you or received by us or that the content of such transmissions will be secure during transmission. You agree that we will not be liable if for any reason the Website or the Services are unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website and/or Services, or the entire Website and/or Services. We reserve the right to modify or withdraw the Website (or any part of it) at any time without notice.
We reserve the right to change the Terms and Conditions at any time. Amendments will take effect when posted on the Website. The date of the Terms and Conditions are stated at the top of the Terms and Conditions. The Terms and Conditions current at the start of a Transaction will apply until that Transaction is completed. Your continued use of the Website and Services after amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of the amendments.

3. Valuation Services

Under the Terms and Conditions, the Company shall provide a valuation service of a photograph or photographs of an item. The Valuation is based solely on inspection of the photograph and description of the item submitted by the Client, and without any physical inspection or any further research, test or analysis of the item. The Valuation suppliedby the Company will be in an electronic format. The Valuation is a statement of reasonable opinion of the amount that may be realised if the item was placed in an appropriate sale at the present time, irrespective of any sale commission, sale expenses, taxes or other fees that might become due on achieving a sale or on transporting the item. The Valuation is not a statement of fact. The Valuation will comprise of a high and low price estimate.
The Terms and Conditionsrelating to Valuation Services will come into effect once the Company has accepted the Client’s request for a valuation and the Client has paid the fee. The Company reserves the right to refuse to provide a valuation, or to withdraw its services at any time in accordance with these Terms and Conditions.
Provided the Client has submitted a complete valuation request before 1pm British Standard Time on a business day, the Company aims to provide the Valuation within 2 business days. If a period of 2 business days is exceeded, the Client will not be entitled to a refund.

4. The Valuation

The Companygives no warranty or guaranteein the Valuation in respect of 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 or warranty that the item would realise the Valuation figure supplied at a contemporaneous or later sale or auction. 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.

5. Client’s acknowledgements andobligations

The Client warrants to the Company that he/she is the owner of the item submitted for valuation, or is duly and properly authorised by the owner to submit the item for valuation. The Client also warrants that the item is free from any third party interests, restrictions or claims, and that it could be sold without restriction.
The Client shall pay the price for the Valuation to the Company.
The Client shall provide clear and accurate photographs of the item to be valued and provide full and accurate information about the item 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 any known authenticity issues, provenance, previous sales history, condition and condition issues, any other information related to the item. The Client grants the Company licence to use the photos and information supplied for the purpose of providing a valuation of the item.The Client agrees that the Valuation shall remain the copyright of the Company, that the Valuation is prepared for the sole use of the Client, and that the Valuation is not to be disclosed to any third party. Further the Client agrees the Valuation will not be published or reproduced in any form without the written consent of the Company.
The Client shall indemnify the Company and its affiliated companies, its and their servants, employees and officers against any and all liabilities and expenses incurred by them as a result of any breach of these terms and conditions by them or arising from claims by any third parties in relation with the Valuation.

6. The Price

The Price shall be published on the Company’s website at the time the item is submitted by you. The Price is exclusive of VAT. The Company reserves the right to revise prices at any time and to offer special offers and discounts at its discretion.

7. Limitation of Liability

The Company, nor any of its agents, employees, associates or partners shall not be liable for any and all losses that may arise from relying upon the information within the Valuation, or from the use or misuse of the Valuation, including but not limited to an item selling at a later date for a higher amount than the valuation. The Company shall not be liable for any error or deficiency in the Valuation as a consequence of changing market conditions, changes in relevant scholarship, failure of the Client to provide full and accurate information about the item or the item’s circumstances, other external circumstances without limitation, and any factors that could only be identified by a proper physical examination of the item and not from the photograph(s) provided.

8. Termination

In the event that the Company declines to provide a Valuation Service, a full refund of the fee paid, and only the fee paid by the Client will be made, and the Agreement shall be terminated with immediate effect.
In the event that the Client breaches these Terms and 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 the Company fully in the event that the Company incurs any costs, expenses or liability as a result of the unlawful conduct.

9. Entire Agreement

These Terms and conditions& Conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Website, and our supply to you of Valuation Services, and supersede all previous agreements whether oral or in writing.

10. Governing Law & Jurisdiction

The Terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

 

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