Terms Of Use

1. INTRODUCTION

• 1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will supply the Services to you. You may print a copy for future reference.
• 1.2 Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
• 1.3 'Event Outside Our Control' has the meaning given in clause 13.
• 1.4 'Services' means the services listed on the Website which we may supply.
• 1.5 Before confirming your request for valuation please read through these Conditions and in particular our cancellations and returns policy at clause 9 and limitation of our liability and your indemnity at clause 11.
• 1.6 By ordering any of the Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.

2. ABOUT US

• 2.1 This Website is owned and operated by Prestige Valuations Limited having our registered office at 101 Avenue of the Americas, 8th and 9th Floors, New York, 10013, United States of America.
• 2.2 Our telephone number is +16464178668.
• 2.3 Our email address is info@prestigevaluations.com.

3. PRICE

• 3.1 The prices of the Services are quoted on our home page.
• 3.2 Unless otherwise stated, the prices quoted include VAT.

4. PAYMENT

• 4.1 Payment can be made by any major credit or debit card or via Paypal.
• 4.2 By placing an order, you consent to payment being charged to your debit/credit card account as provided via our Website.
• 4.3 You must pay 100 percent of the price of the Services in advance to receiving your finalised valuation report.

5. INTEREST

• 5.1 Unless clause 5.2 applies, you must pay us interest on any amounts you owe us and fail to pay us on the due date at the rate of 3% a year above the base lending rate of Bank for rate of interest from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.
• 5.2 We will not charge you interest
• 5.2.1 for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised us within a reasonable time of receiving it that you dispute it and your basis for disputing it.
• 5.2.2 until after we have performed the services again if we have a duty to do so.

6. ORDER PROCESS AND FORMATION OF A CONTRACT

• 6.1 All orders are subject to acceptance and availability. We reserve the right to decline any valuation request. If we are unable to supply you with the Services in your order due to matters such as, but not limited to, unavailability of key staff or an Event Outside our Control or because we have identified a mistake in the description of the Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
• 6.2 We reserve the right to decide on the suitability of documentation supplied by yourself when attempting to purchase our Services.
• 6.2.1 If we deem the documents supplied are unsuitable, and you are unable to provide different documents which are suitable, we will refund any sums you have paid us and not proceed with the order.
• 6.3 Any order placed by you for the Services constitutes an offer to purchase them from us.
• 6.4 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services.
• 6.5 A contract between you and us for the supply of the Services (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when your order is placed via our website. You may print and keep a copy of the Confirmation Notice for future reference.
• 6.6 If you think that there is a mistake or if you wish to make any changes to your order, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
• 6.7 We may make
• 6.7.1 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
• 6.7.2 changes to these Conditions as a result of changes in how we accept payment from you,
• 6.7.3 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
• 6.8 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 6.6 shall only be binding when agreed in writing and signed by you and us.

7. PERFORMANCE OF SERVICES

• 7.1 The Services will be performed by the means specified by us when we accept the order.
• 7.2 When we accept the order, our estimated completion dates for the performance of the Services can be found on our website. We will endeavour to perform the Services in accordance with these estimated dates and will perform the Services within a reasonable time from the date we accept the order.
• 7.3 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, clause 13 will apply.
• 7.4 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:
• 7.4.1 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.
• 7.4.2 you must pay us any additional costs incurred by us in providing the Services to you resulting from you not providing such information to us by the date we have requested.
• 7.4.3 we may suspend the Services by giving you notice unless you agree to pay such extra costs.
• 7.4.4 in the event that 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.
• 7.5 We will not be liable for any delay or non-performance due to your failure to provide us with complete and accurate information by the time we have requested.

8. IF THERE IS A PROBLEM WITH THE SERVICES

• 8.1 If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
• 8.1.1 you should provide us with details of the problem as soon as reasonably possible;
• 8.1.2 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.
• 8.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Nothing in these Conditions will affect these legal rights.

9. CANCELLING YOUR CONTRACT AND RETURNS

• 9.1 You may choose to cancel your order of our services:
• 9.1.1 By notifying us of your decision to cancel at any time prior to us sending you a completed valuation report or draft of your valuation report.
• 9.1.2 You may notify us of your decision to cancel by sending us by email to info@prestigevaluations.com including a statement that you wish to cancel quoting your name, address and your order reference number.
• 9.2.1 You will lose your right to cancel the Contract once the Services have been fully performed in accordance with your request and acknowledgement.
• 9.2.2 If you cancel the Contract after we have begun the supply of the Services in accordance with your request, you must pay us for the Services we supplied to you before we received notice of your cancellation.
• 9.3 Refunds on cancellation.
• 9.3.1 So long as you are entitled to cancel and have complied with your obligations under clause 9.2, we will refund you the balance of the price you paid to us after deducting:
• 9.3.1.1 the value of the Services we supplied before we received your cancellation notice together with VAT payable in respect of that value.
• 9.3.2 If the Contract is for the supply of services only, we will refund you the sum in clause 9.3.1 within 14 days of our receipt of your cancellation notice.
• 9.3.3 We will refund you the sum in clause 9.3.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.

10. COMPLAINTS

• If you have a comment, concern or complaint about any Services you have purchased from us, please contact us by telephone on +16464178668, or by email at info@prestigevaluations.com.

11. LIABILITY AND INDEMNITY

• 11.1 We have a duty to supply Services to you that conform to the Contract including a duty to ensure that the Services are carried out with reasonable care and skill
• 11.2 We cannot exclude our liability for a failure to comply with these duties mentioned in this subclause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
• 11.3 We cannot exclude or limit our responsibility to you for:
• 11.3.1 Death or personal injury resulting from our negligence or the negligence of our employees
• 11.3.2 Fraud or fraudulent misrepresentation
• 11.4 You are purchasing the Services as a consumer. If you purchase the Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
• 11.5 We will not be responsible for any delay in performing the Services if:
• 11.5.1 we have asked you to provide specified information that is necessary for performing the Services and
• 11.5.2 you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.

12. OUR RIGHTS OF TERMINATION

• We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.

13. EVENTS OUTSIDE OUR CONTROL

• 13.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').
• 13.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
• 13.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
• 13.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
• 13.5 You may end the Contract after we have notified you of an Event Outside Our Control 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.
• 13.6 If the Event Outside Our Control prevents us from performing our obligations under this contract for a period of 30 consecutive days or more, we will be discharged from our obligations under this contract without incurring any liability towards you beyond 13.5 above.

14. USE OF PERSONAL DATA

• You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information and photographs of the items you wish to have valued) to
• 14.1 obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity
• 14.2 supply the Services to you
• 14.3 carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements
• 14.4 transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer
• 14.5 validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
• 14.6 inform you of similar Services we provide, but you may contact us at any time to request that we stop informing you of these.

15. THIRD PARTY RIGHTS

• Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

16. VALUATIONS

• VALUATION SERVICES Under the Agreement, the Company shall provide a valuation service regarding the photograph of an object submitted by the Client. This service consists of giving an electronic estimate of the value of the object submitted. Unless otherwise stated in writing, the 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. The Valuation is a statement of opinion and not fact. The Valuation is based on supplied documentation.
• For our online and Hatton Garden requests, the Company aims to provide the Valuation within [5] Business Days (Business Days for these purposes are the days on which banks are open for business in London) after the Client has submitted the request provided you have submitted all relevant details and information by [3]pm British standard time (B.S.T). If this period of 5 Business Days is exceeded, the Client shall not be entitled to a refund.

THE VALUATION

• The Company gives no representation, warranty or guarantee in the Valuation in respect of an object's origin, provenance, attribution, condition, date, age or authenticity. The Company makes no representation or warranty in the Valuation that the object will realise 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 Valuation that the object valued is safe, functioning or fit for the purpose for which it was intended.
• The 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 advisors) or reproduced or published in any form without the Company's prior written consent. The Client shall indemnify and keep indemnified for 21 years the Company and its affiliated companies, and its and their servants, employees and officers against all liabilities and expenses incurred by them as a result of any breach of the above commitment by Client or arising from related claims by third parties in connection with the Valuation.
• As per the Client's instruction at the point of requesting a Valuation, the Valuation may only be used for the purpose stated within the report. The Valuation is provided at a given date (the date the Valuation is sent to the Client). The Client shall have a perpetual non-transferable licence to the Valuation subject to the Company's right to revoke or withdraw its Valuation.

CLIENT'S OBLIGATIONS AND ACKNOWLEDGEMENTS

• The Client shall pay the Price for the Valuation to the Company.
• The Client warrants to the Company that he/she is the owner of the object or is duly and properly authorised by the owner to have the object valued.
• The Client warrants that each object submitted for valuation is free from any third-party interests, restrictions or claims whatsoever.
• 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. The Client indemnifies the Company fully with respect to any breach of this warranty.
• 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, in the possession or knowledge of the Client, his/her agents, employees, servants, advisers or family. Where "family" in relation to a Client for the purposes of the Conditions of Business means the spouse or civil partner of the Client (including former spouse or civil partner), siblings (including step-siblings), parents (including step-parents), and children (including step- children and adopted children) of the Client or the Client's spouse or civil partner.
• The Client acknowledges the following statement: The Valuation is an estimate that is a matter of reasonable opinion and as such, opinions as to the value may differ. Particular circumstances affecting the value of an individual object may not be known or foreseeable at the time of the Valuation. 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. In addition, the preliminary nature of the 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 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).

THE PRICE OF THE VALUATION

• The Price shall be in accordance with the price list published on the Company's website at the time the item is submitted by you. The Price is inclusive of VAT. The Company reserves the right to revise prices at any time and to hold special offers and discounts at various times.
• LIMITATION OF THE COMPANY'S LIABILITY
• 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 Valuation as a consequence of:
• external circumstances such as (without limitation) changes in the prevailing market conditions for the object, information not publicly available or changes in relevant scholarship;
• 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); failure to provide full and accurate information in the knowledge or possession of the Client, his/her agents, employees, servants, advisers or his family (see clause 5.5 of the Conditions of Business for the definition of family); and 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).
• Nothing in the Conditions of Business shall exclude or limit the Company's liability for: death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.

17. OTHER IMPORTANT TERMS

• 17.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
• 17.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
• 17.3 All Contracts are concluded in English only.
• 17.4 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
• 17.5 A waiver by us of any default shall not constitute a waiver of any subsequent default.

18. GOVERNING LAW

• These Conditions and the Contract are governed by the laws of England and Wales.

19. GOVERNING JURISDICTION

• You can bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland or England and Wales.