Terms of Appraisals

Method of Appraisal:

The appraisal represents solely our opinion of the retail replacement value of the Artwork. In making this determination we rely on many factors including the condition of the artwork, reliable price data and lists, and may include gallery prices of reputable art galleries and appraisals provided by independent appraisers. At any given time, including the date of your purchase, the art that is the subject of this Appraisal may sell elsewhere for more or less than our Appraisal.

EXCLUSIONS AND LIMITATIONS:
While we endeavor to provide accurate appraisals, “Authentic Fine Art” disclaims and assumes no liability or responsibility for errors or omissions in connection with its appraisals. We do not issue refunds if another appraiser or source has a different opinion than ours.

  • By issuing this Appraisal, “Authentic Fine Art” makes no warranties or representations, express or implied, with respect to the artwork or its authenticity.
  • In no event shall “Authentic Fine Art” or any of its respective parents, affiliates, subsidiaries, officers, directors or employees be liable for clams that this Appraisal is inaccurate or incorrect in any respect, or for any damages whatsoever, including but not limited to incidental or consequential damages, loss of profits or loss of value or increase in value. We disclaim any liability for (i) insurance denials or losses, or (ii) clams for refunds or money damages based on a claim that our appraised value is too high, too low, or otherwise inaccurate. The appraisal provided by “Authentic Fine Art” solely represents this companies opinion of the retail replacement value of the artwork, and my not be an independent appraisal.
  • In the event of any claim or dispute regarding this Appraisal, our maximum liability shall be to refund the price paid for the Appraisal. (which is $00.00 since it was offered free with the purchase of the Artwork) Any such claim or dispute is subject to and governed by the Arbitration of Claims and Disputes provision set forth in the invoice. It is further specifically understood that the remedy set forth herein, namely the rescission of the appraisal sale and refund of the price paid for the Appraisal, is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law or equity.
  • Non-Assignability. It is specifically understood that the benefit of this Appraisal is not assignable or transferrable and shall be applicable only to the original purchaser and not to the subsequent owners or others who have or may acquire an interest therein.
  • Arbitration of Claims. In the event of any claims or disputes of any kind, buyer agrees to submit any such claims or disputes to arbitration pursuant to the Arbitration of Claims and Disputes provision set forth in the invoice.

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TERMS OF GUARANTEE:

The following Terms & Conditions govern our Guarantee.

  • CERTIFICATE OF AUTHENTICITY. All art comes with a registered Certificate of Authenticity providing a full written description of the artwork, governed by the following Terms & Conditions herein.
  • DEFINITION OF AUTHORSHIP. “Authorship” means the identity of the creator, the period or cultural source of the origin of the item, as the case may be , as set forth in the first line of the description of the artwork For sports memorabilia items :authorship” means the identity of the featured athlete whose signature (or copy/facsimile or signature) is affixed to the item.
  • GUARANTEE COVERAGE. If within one year of the invoice date the original purchaser of record tenders to us a purchased item in the same condition as when sold through us and it is established that the identification of Authorship (as defined above) is not substantially correct based on a fair reading of the written description which may be contained in the posted description, then the sale of such item will be rescinded and the original price refunded upon return of the item in the same condition as when originally purchased.
  • It is specifically understood that the benefit of this Guarantee is not assignable or transferable and shall be applicable only to the original buyer of the item and not to the subsequent owners or others who have or may acquire an interest therein.
  • Guarantee covers only the correctness of descriptions of Authorship but does not extend to titles or other identification of offered items or descriptions of physical condition and size, quality, rarity, importance, provenance, exhibitions, and literature of historical relevance, which information appears on the Certificate of Authenticity in the lower case type below the first line of each entry identifying the Authorship. Although our best judgment is used in descriptions and the appropriate use of terms and due care is taken to ensure the correctness of the supplemental material which appears below the first line of each entry of the Certificate of Authenticity, the Guarantee does not extend to any possible errors or omissions therein.
  • DISCLAIMER and LIMITED REMEDY. In no event shall “Authentic Fine Art” or any of its respective parents, affiliates, subsidiaries, officers, directors or employees be liable for any damages whatsoever, including but not limited to incidental or consequential damages, loss of profits or loss of value or increase in value. We disclaim any liability for (i) insurance denials or losses, or (ii) clams for refunds or money damages based on a claim that our appraised value is too high, too low, or otherwise inaccurate in any respect. It is further specifically understood that the sole and exclusive remedy available is the rescission of the sale and refund to the original purchaser of the original purchase price paid for the item(s), and is in lieu of any and all other remedies which might otherwise be available.

ANY AND ALL CLAIMS OR DISPUTES ARE SUBJECT TO AND GOVERNED BY THE ARBITRATION PROVISION SET FORTH IN THIS “TERMS OF SERVICE” [Arbitration of Claims and disputes and waiver of jury trial] SECTION OF THE WEBSITE.

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ARBITRATION OF CLAIMS AND DISPUTES AND WAIVER OF JURY TRIAL

Any disputes or claims of any kind between the parties including but not limited to the display, promotions, auction, purchase, sale or delivery of art, items or appraisals under this invoice or any past or future invoices, shall be brought solely in non-binding arbitration and not in any court or to any jury. Arbitration shall be administered by the MEDIATION AND ARBITRATION PROFESSIONALS, Murrieta, California in accordance with the MEDIATION AND ARBITRATION PROFESSIONALS, Murrieta, California’s Rules then in effect for a Commercial dispute. Admiralty laws shall govern and be applied to all such disputes and arbitration shall take place only in Riverside County California. Arbitrators may but do not have to have expertise in the area(s) of the dispute. All decisions respecting the arbitrability of any dispute shall be decided by the arbitrator(s). Except as may be required by law or for confirmation of an award, neither a party nor an arbitrator may disclose the existence, content, evidence, or results of any arbitration hereunder without the prior written consent of both parties. The party initiation the arbitration shall be solely responsible for the payment of the filing fee charged by MEDIATION AND ARBITRATION PROFESSIONALS, Murrieta, California. If a party unsuccessfully contests the validity or scope of the arbitration in a court of law, the non-contesting party shall be awarded reasonable attorneys’ fees and expenses incurred in defending such contest. In addition, if a party fails to abide by the terms of a settlement the other party shall be awarded reasonable attorneys’ fee and expenses incurred in the enforcing such settlement or award. Notwithstanding anything in the foregoing to the contrary or with regard to any MEDIATION AND ARBITRATION PROFESSIONALS, Murrieta, California rules then in Effect, the parties shall be required to mutually agree upon the arbitrator selected and the exclusive venue for such arbitrations shall be in Murrieta, California. Following non-binding arbitration if the clams or disputes have not been resolved the sole remaining remedy shall be that either party may within sixty days thereafter initiate binding arbitration on the same terms, conditions and procedures set forth above, including but not limited to confidentiality. If binding arbitration is initiated, the initiating party shall be solely responsible for all filing fees. The arbitration panel shall consist of 3 arbitrators who shall be selected in the following manner. The MEDIATION AND ARBITRATION PROFESSIONALS, Murrieta, California shall provide each side with a list of qualified arbitrators. Each side shall have 10 days after receipt of the list of qualified arbitrators to identify all persons from such list that such party accepts to serve on the 3-member panel. Each party’s designations shall be provided only to MEDIATION AND ARBITRATION PROFESSIONALS, Murrieta, California and not to the opposing party. The MEDIATION AND ARBITRATION PROFESSIONALS, Murrieta, California shall repeat the process for so long as may be necessary to obtain 3 arbitrators that all parties have identified as accepted and, once all such accepted persons have agreed to serve as arbitrators, those 3 shall constitute the Binding Arbitration Panel. The fees of the Binding Arbitration Panel shall eb equally shared by the parties. Any judgement, award or decision rendered by the arbitration may be entered in and enforced by the Circuit Court in and for Riverside County, California. FAILURE TO PROCEED AS SET FORTH ABOVE SHALL CONSTITUE A COMPLETE AND IRREVOCABLE WAIVER, ABANDOMENT, AND RELEASE OF ANY AND ALL CLAIMS OR DISPUTES. This arbitration requirement shall not be deemed waived by either party’s failure to move to compel arbitration at the onset of any proceedings.

Terms of Service

Legal Notice

All notices from AUTHENTIC FINE ARTS to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to AUTHENTIC FINE ARTS shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to AUTHENTIC FINE ARTS five (5) days after the date sent.

Copyright Notice

All content appearing on this Web site is the property of AUTHENTIC FINE ARTS.
Copyright © 2018 AUTHENTIC FINE ARTS. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018 AUTHENTIC FINE ARTS. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by AUTHENTIC FINE ARTS. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of AUTHENTIC FINE ARTS or any third party, except as expressly granted herein.

Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. AUTHENTIC FINE ARTS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if AUTHENTIC FINE ARTS believes that customer conduct violates applicable law or is harmful to the interests of AUTHENTIC FINE ARTS and its subsidiaries.

Privacy Policy

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. AUTHENTIC FINE ARTS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if AUTHENTIC FINE ARTS believes that customer conduct violates applicable law or is harmful to the interests of AUTHENTIC FINE ARTS and its subsidiaries.

Shipping and Delivery

At this time, AUTHENTIC FINE ARTS ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, AUTHENTIC FINE ARTS ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. AUTHENTIC FINE ARTS is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Sales Tax

AUTHENTIC FINE ARTS charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. AUTHENTIC FINE ARTS makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

AUTHENTIC FINE ARTS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL AUTHENTIC FINE ARTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by AUTHENTIC FINE ARTS.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. AUTHENTIC FINE ARTS is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not AUTHENTIC FINE ARTS.
The inclusion of material on this server does not imply any endorsement by AUTHENTIC FINE ARTS, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although AUTHENTIC FINE ARTS tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). AUTHENTIC FINE ARTS reserves the right to change its payment procedures at any time without prior notice to you.

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. AUTHENTIC FINE ARTS and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of AUTHENTIC FINE ARTS shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and AUTHENTIC FINE ARTS with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and AUTHENTIC FINE ARTS with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by AUTHENTIC FINE ARTS. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.