TERMS OF USE, CONDITIONS, AND AGREEMENT

Last Update: September 30th, 2019

 

These Terms and Conditions set out the terms and conditions on which we provide hypothetical value reports, and supply any of the services listed on our website www.JewelryReports.com (our site) to you (together with the Services). Please read these Terms and Conditions carefully before using any Services from our site. You should understand that by using any of our Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions shall apply every time you use our Services and shall apply to and be incorporated into every Contract unless we inform you otherwise. The following conditions constitute an agreement for hypothetical valuation services from JewelryReports.com ( the “Company”) to you (the “Client”). You should print a copy of these Terms and Conditions for future reference.

 

1. INTRODUCTIONS & RIGHTS

By submitting the photographs of the object to be valued and any related information, the Client: accepts of the Terms & Conditions as set out here; and grants the Company a worldwide nonexclusive, perpetual, royalty-free license on all the material provided. The Company reserves the right to refuse to provide a hypothetical valuation. By using the Services through our site, you warrant that:

1.1 You are at least 18 years old;

1.2 We process information about you by our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. The privacy policy forms part of these Terms and Conditions and we expect you to read the documents carefully.

2. INFORMATION ABOUT US

www.JewelryReports.com is a site operated by JewelryReports.com (we, us, our).

The Company can be contacted by email at info@jewelryreports.com.

3. SERVICE AVAILABILITY

Our site is intended for use by residents of the United States. However, we do accept orders from outside the USA per special request and circumstances. 

4. THE VALUATION

4.1 JewelryReports.com is providing a platform, where users can upload information so a jewelry expert can provide an approximate hypothetical valuation report. We reserve the right to follow up on the appraisal request for additional information, with satisfaction surveys and other relevant product information. 

4.2 We can not guarantee that the item will be appraised. 

4.3 We can not guarantee that our report will be accepted by all insurance companies or in the court of law. It is the clients' responsibility to determine if this type of document is acceptable for their needs before purchasing.

4.4 By accepting the terms you agree that JewelryReports.com can use the images, description and all submitted data in content creation.

4.5 The Company gives no representation, warranty or guarantee in the hypothetical Valuation in respect of an object's origin, provenance, attribution, condition, date, age or authenticity. The Company makes no representation or warranty in the hypothetical Valuation that the object will realize the amount at which it is valued upon a contemporaneous or subsequent public or private sale. The Company does not warrant or represent in the hypothetical Valuation that the object valued is safe, functioning or fit for the purpose for which it was intended.

4.6 The hypothetical Valuation shall remain the copyright of the Company 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 advisers) or reproduced or published in any form without the Company's prior written consent. 

4.7 The hypothetical Valuation may be used for official or formal purposes such as in legal proceedings, insolvency or bankruptcy proceedings, divorces cases, for insurance purposes, or anything such like. The hypothetical Valuation is provided at a given date (the date the Valuation is sent to the Client). The Client shall have a perpetual non-transferable license to the Valuation subject to the Company's right to revoke or withdraw its Valuation.

 

5. VALUATION SERVICES

5.1 This service consists of giving an electronic approximate hypothetical estimate of the value of the article submitted by the Client and chosen type of report and will be performed by the Company when we accept the order. 

5.2 The hypothetical Valuation does not take into account any taxes (including duties, value-added or local sales tax) which might apply. 

5.3 Unless otherwise stated in writing, the hypothetical 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. 

5.4 The hypothetical Valuation is a statement of opinion and not fact.

5.5 If we ask you to provide us with information in order for us to provide the Services, you must provide us with complete and accurate information by the date we request that you provide it by, otherwise: you must pay us any reasonable sum we charge you to cover any extra work that is necessary as a result of you providing incomplete or inaccurate information. 

5.6 We may suspend the Services by giving you written notice unless you agree to pay such extra costs. if despite our reasonable efforts we are unable to obtain the requested information from you and are therefore unable to supply the Services, we may end the contract with you. We will refund you any money you have paid less our reasonable costs incurred in attempting to perform the Contract.

6. THE AGREEMENT

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

6.2 The Agreement shall only be entered into and come into effect once the Company has accepted to make a hypothetical valuation of the object and the Client has paid the Price subject to the Company's right to withdraw its services following the terms hereof.

6.3 Under the Agreement, the Company shall provide a hypothetical valuation service regarding the photograph of an object submitted by the Client only.

6.4 You acknowledge that, in entering into a Contract, you have not relied on any representation, undertaking or promise given by us and nothing shall be implied from anything said or written in negotiations between us before such Contract except as expressly stated in these Terms and Conditions.

6.5 We intend to rely upon these Terms and Conditions and any document expressly referred to in them concerning the subject matter of any Contract.

7. JEWELRYREPORTS.COM RIGHTS

All right, title and interest in and to the Services are and will remain the exclusive property of JewelryReports.com and its licensors. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.

8. CLIENT'S OBLIGATIONS AND ACKNOWLEDGEMENTS

8.1 The Client shall pay the Price for the hypothetical Valuation to the Company.

8.2 The Client warrants to the Company that he is the owner of the object or is duly and properly authorized by the owner to have the object valued.

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

8.4 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 the Company. 

8.5 The Client indemnifies the Company fully concerning any breach of this warranty.

8.6 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.

8.7 The Client understands that all photos and information provided is assumed "genuine" or "authentic" unless otherwise stated when submitting an item.

8.8 The Client acknowledges the following statement: The hypothetical 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 hypothetical Valuation. Hypothetical 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. Also, the preliminary nature of the hypothetical 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 the Company. Unless otherwise stated in writing, the hypothetical 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).

9. PRICE AND PAYMENT

9.1 Payment can be made by any major prepay, credit or debit card or via Paypal.

9.2 By placing an order, you consent to payment being charged to your prepay/debit/credit card account as provided at checkout.

9.3 You must pay 100 percent of the price of the Services in advance. 

9.4 The Price shall be following the price list published on the Company's website at the time the item is submitted by you. You are notified of the price before submitting an item for hypothetical valuation. The Price is inclusive of TAX. The Company reserves the right to revise prices at all times and to hold special offers and discounts at various times.

10. PERFORMANCE TIMES

10.1 We will use our reasonable endeavors to meet any performance times specified in these Terms and Conditions but any such performance times shall be estimates only and time shall not be of the essence for performance of the Services. Any delay by us in the provision of the Services shall not be considered a breach of these Terms and Conditions and shall not entitle any party to compensation.

10.2 The Company aims to provide the hypothetical Valuation within [2] Business Days (Business Days for these purposes are the days on which banks are open for business in the United States) 

11. EVENTS OUTSIDE OUR CONTROL

In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the date we accept the order, you may end the Contract, after we have notified you, and we will then refund you any money you have paid to us under the Contract for the Services which we have been unable to deliver to you.

11.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our or our affiliates’ obligations under a Contract or these Terms and Conditions that is caused by events outside our reasonable control.

11.2 An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  11.2.1 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

  11.2.2 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.

  11.2.3 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  11.2.4 Impossibility of the use of public or private telecommunications networks.

  11.2.5 The acts, decrees, legislation, regulations or restrictions of any government.

11.3 Our performance under any Contract and these Terms and Conditions is deemed to be suspended for the period that the Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside of Our Control.

 

12. COPYRIGHT POLICY

JewelryReports.com respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at its sole discretion. All content posted, displayed, or available on our site, including any graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws and all rights related thereto (Content) is and shall remain the exclusive property of JewelryReports.com and its licensors and is protected by applicable intellectual property laws. No Content posted, displayed, or available on our site may be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy, display, or post any Content offered via our site on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on our site or any Content posted, displayed, or made available on our site. 

13. LIMITATION OF LIABILITY

13.1 The Company shall not be liable for any deficiency (including but not limited to any omissions, mistakes, erroneous attributions, authenticity issues or inaccurate values) in the hypothetical Valuation as of a consequence of:

  13.1.1 External circumstances such as (without limitation) changes in the prevailing market conditions for the object, information not publicly available or changes in relevant scholarship;

  13.1.2 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);

  13.1.3 failure to provide full and accurate information in the knowledge or possession of the Client, his agents, employees, servants, advisers or his family; and

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

13.2 Nothing in the Terms & Conditions shall exclude or limit the Company's liability for death or personal injury caused by negligence; or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.

14. INTERNET AND ACCESS TO OUR SITE

We endeavor to ensure that availability to our site is uninterrupted and that our site is error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to our site may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We shall not be responsible for any connection or access to our site by you or the quality of the transmission of any information passing between you and our site. Whilst we take reasonable precautions to ensure that our site is free from viruses, pop-ups and other malicious software, these may be contained within third-party websites linked to our site and you must, therefore, take all reasonably prudent steps to protect your computer software and hardware.

15. EXCLUSION OF WARRANTIES

We give no warranties whatsoever concerning our site or any content, products or services posted, displayed or made available on our site. We exclude to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer viruses, warranties of title and warranties of non-infringement of proprietor rights. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “as is” and “as available” basis. The Company makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that JewelryReports.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. The Company makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein.

16. CONTROLLING LAW AND JURISDICTION

These Terms and Agreement shall be construed following United States law. In the event of disputes in respect of the services, the parties hereto submit to the exclusive jurisdiction of the United States courts.

17. TERMINATION

17.1 Where the Company breaches any terms the Terms of Use: (a) the Agreement shall be terminated with immediate effect; (b) a refund of the price paid for the hypothetical Valuation done shall be credited to the Client by the same means through which the Client paid the Company less any administration or other charges made by the Client's credit card, debit card, bank or other providers; and (c) the licence to the hypothetical Valuation shall be revoked and the Client shall destroy the hypothetical Valuation.

17.2 Where the Client breaches any provision of the Terms of Use, or obtains the hypothetical Valuation in connection with any illegal purpose, in the commission of a criminal offense or any other unlawful activity ("Unlawful Conduct") the Agreement shall be terminated with immediate effect. The Client shall not be entitled to a refund on the price paid for the hypothetical Valuation; the license to the hypothetical Valuation shall be revoked and the Client shall destroy the hypothetical Valuation; and the Client shall pay to the Company an amount equal to the Company's liability, expenses and costs arising in connection with the Client's breach of said clauses or Unlawful Conduct. There shall be no further liability of the Company to the Client from the date of termination of the Agreement.

18. WAIVER

The failure of JewelryReports.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

19. IF THERE IS A PROBLEM WITH THE SERVICES

19.1 If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:

   19.1.1 you should provide us with details of the problem as soon as reasonably possible;

   19.1.2 if we repeat performance of the Services to fix the problem, we will do so at our own cost and as soon as reasonably practicable.

If you have a comment, concern or complaint about any Services you have purchased from us, please contact us by email at info@jewelryreports.com.​​

20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We reserve the right, in its sole discretion, to change, modify, add or delete any part of these Terms and Conditions at any time without further notice. If we do make any such changes, we shall post the changes on our site and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of our site after any such changes constitutes your acceptance of the amended Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions so that you will be aware of any changes.