Terms and Conditions

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION), AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to these Terms and Conditions you may not access or otherwise use the Digital Platforms. 

The following Terms and Conditions are entered into by and between you and ArtCove (“ArtCove” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the ArtCove website at www.artcove.com.au, whether accessed through the ArtCove website on your desktop or mobile.

For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of products through ArtCove Digital Platforms will be governed by the applicable Terms of Sale. 

We may change these Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the ArtCove Website. It is your responsibility to periodically check the Terms and Conditions. You will know if these Terms and Conditions have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS AND CONDITION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS.

1. Electronic Communication

When you access or use the Digital Platforms, provide your e-mail address to a ArtCove’s representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

2. Proprietary Rights

As between you and ArtCove, ArtCove owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organisation of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and ArtCove (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto. 

3. Warranty

Although ArtCove endeavours to ensure that the information provided by the Site is correct and up to date, it may contain inaccuracies or typographical errors. ArtCove reserves the right to make changes, corrections and/or improvements to its information at any time and without prior notice. ArtCove makes no guarantee or commitment as to the accuracy of the information. Artcove declines all responsibility in the event of errors or omissions in the content of the Site.

All information is provided “as is”. ArtCove offers no guarantee as to the completeness or accuracy of the information available on the site or as to its possible uses. Therefore, the information must be carefully evaluated by users before use. You may use this information at your own discretion and you bear the risks involved. Within the limits set by law, ArtCove, and third parties involved in the creation, development or supply of the site cannot be held liable for any direct, incidental, consequential, indirect or punitive damages resulting from access to, use of, or inability to use the site, or for any errors or omissions in its content.

ArtCove also declines all responsibility, and cannot be held liable for any damage or virus that may affect your computer equipment or any other property as a result of your access to or use of the information.

4. Information from third parties

The Digital Platforms also contain, with the agreement of the third parties concerned, information from third parties and links to other websites. ArtCove tries to only reference websites that comply with the applicable legislation.

This information and links are provided solely for your information and convenience. As ArtCove is not in a position to exercise any control whatsoever over the information of third parties or published on third party sites, ArtCove does not intend to give any guarantee whatsoever for this information and third-party sites and will not be responsible for their content, which you access under your own responsibility.

5. Links to other external or third-party sites

The Digital Platforms may contain hypertext links to third party websites. The sole purpose of these links to other websites is to facilitate the consultation of our website. In any case, and in particular because of the volatile nature of the information on the Internet, ArtCove cannot control the nature or content of the resources constituted by these external sources and consequently cannot be held responsible for the use, unavailability of third-party sites, their content, advertising and other elements available on these third party websites via access via the ArtCove Digital Platforms. 
ArtCove has no means of controlling the content of these third-party websites which remain totally independent of ArtCove. Furthermore, the existence of a link between the website and a third party site in no way means that ArtCove approves in any way whatsoever of the content of this site and the use that may be made of it.

In addition, it is your responsibility to take the necessary precautions to avoid any contamination of the webite, in particular by one or more “viruses” and/or other “parasites”.

External websites may contain hypertext links pointing to the website. Such a link does not signify any link between ArtCove and the third-party website. In any case, ArtCove is in no way responsible for the unavailability of such websites and ArtCove does not examine, control, approve or be responsible for the content, advertising, products or other elements available on or via these websites.

6. Sources

ArtCove endeavours to illustrate the Digital Platforms with royalty-free images and photographs. In the event that, despite ArtCove’s efforts and good faith, certain images and photographs are protected by the intellectual property rights of a third party, ArtCove will take the necessary measures to remove the element in question from the website within a reasonable period of time at the request of the third party holder of the intellectual property rights.

7. Valuation Services

ArtCove provides a valuation service based on the photographs and information of an object submitted by the user. This valuation service consists of giving an estimate of the value of the object submitted which in ArtCove’s opinion could be achieved if the object were to be sold without reserve on the secondary market at an international auction with a reputable auctioneer after appropriate marketing and on the basis of your warranties and acknowledgements set out below (the “Valuation”) at the time the Valuation is given. The Valuation does not take into account any sale expenses, commissions and taxes, restoration costs, etc, which might apply or become due on a sale or transport of the object. Unless otherwise stated in writing, the Valuation is based upon a preliminary inspection of the photographs 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.

ArtCove aims to provide the Valuation within 7 business days (Business Days for these purposes are the days on which banks are open for business in Sydney) after the Client has submitted his request provided you have submitted all relevant details and information by 2pm Australian standard time or 2 Business Days from the following Business Day where all information has been submitted on or after 2pm on a Business Day or other day. If this period of 2 Business Days is exceeded, the Client shall not be entitled to a refund.

THE VALUATION

ArtCove gives no representation, warranty or guarantee in the Valuation in respect of an object’s origin, provenance, attribution, condition, date, age or authenticity. ArtCove 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. ArtCove 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 ArtCove and shall be prepared only for the user and is not to be used by any other person, or disclosed to any third party (other than the User’s professional advisors) or reproduced or published in any form without the ArtCove’s prior written consent. The User shall indemnify and keep indemnified for 21 years ArtCove 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 User or arising from related claims by third parties in connection with the Valuation.

The Valuation may not be used for official or formal purposes such as (without limitation) in legal proceedings, insolvency or bankruptcy proceedings, divorces cases, for insurance purposes, or anything such like. The Valuation is provided at a given date (the date the Valuation is sent to the User). The User shall have a perpetual non-transferable licence to the Valuation subject to ArtCove’s right to revoke or withdraw its Valuation.

USER’S OBLIGATIONS AND ACKNOWLEDGEMENTS

The User requesting a valuation shall pay the price of AUD$25 per item for the Valuation to ArtCove.

  • The User warrants to ArtCove 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 User warrants that all material provided is owned by the User or the User has the right to use such material and provide it to ArtCove. The User indemnifies ArtCove fully with respect to any breach of this warranty.
  • The User 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 User, his/her agents, employees, servants, advisers or his/her family. Where “family” in relation to a User for the purposes of the Terms and Conditions 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 User or the User’s spouse or civil partner.
  • The User acknowledges the following statement. The 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 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 ArtCove. 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 ArtCove website at the time the item is submitted by you or in a quote by writing for a special and more complex valuation (several items, estate or collection to be valued). The price is inclusive of GST. ArtCove reserves the right to revise prices at all time and to hold special offers and discounts at various times.

LIMITATION OF THE COMPANY’S LIABILITY

ArtCove 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 provided full and accurate information in the knowledge or possession of the User, his/her agents, employees, servants, advisers or his/her family (see previous clause of the Terms and Conditions 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 ArtCove (including but not limited to factors that can be identified only by a physical inspection of the object).

8. Personal Data 

ArtCove collects your Personal Data when you fill in the forms available on ArtCove Digital Platforms, the contact form as well as requests for estimates and inventory. ArtCove collects your name (if provided), email address, telephone number, city and country of residence (“Personal Data“). All these categories of Personal Data are not mandatory. ArtCove offers an anonymised online estimate without it being compulsory to enter any Personal Data. In this case, ArtCove only collects data relating to the works entered by the user and does not in fact collect any Personal Data.

When you fill in these forms, we tell you which information is required to process your request and which information is optional and can be given according to your wishes.

Uses of Personal Data

ArtCove will use the Personal Data you provide us with to :

  • Ensuring the valuation of your property
  • Ensuring continuous information to users through a newsletter
  • Ensuring the processing and follow-up of your request
  • Get in touch with you
  • Carry out the missions entrusted to it, in particular the sale of properties and the monitoring of its due diligence.

Your personal information will only be processed for legitimate purposes pursued by ArtCove. ArtCove may share certain data with its partners in the context of its activity in order to be able to provide you with the expected services, to improve its services, and to enable them to contact you for commercial prospecting purposes.

Except in the context of a legitimate interest or to ensure compliance with a legal obligation, the sharing of your information and subscription to our newsletter will not be done without your consent. Your personal information is processed and kept for less than three years from: its collection or from the last exchange between you and ArtCove. Your personal information will be stored on secure servers and kept strictly confidential. 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:

  •  obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
  • supply the Services to you.
  • carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements.
  • 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.
  • 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.
  • inform you of similar Services we provide, but you may contact us at any time to request that we stop informing you of these.

9. Order Process and Formation of a Contract

All orders are subject to acceptance and availability. If we are unable to supply you with the Services in your order due to matters such as 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. Any order placed by you for the Services constitutes an offer to purchase them from us.

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.

A ‘Confirmation Notice’ means an email which we send to you to confirm that we shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.

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 we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference. If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, 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. We may make changes to these Conditions as a result of changes in any relevant laws and regulatory requirements, changes to these Conditions as a result of changes in how we accept payment from you, changes in the amount payable by you to the extent of any changes in the GST included in the price or payable in relation to the price. If we make any changes, we will give you written notice of the changes before we supply the Services. You can choose to cancel the contract if the change would be significantly to your disadvantage. Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned here shall only be binding when agreed in writing and signed by you and us.

 

10. Performance of Services

The Services will be performed by the means specified by us when we accept the order. When we accept the order, we will confirm estimated start and completion dates for the performance of the Services. 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. 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. 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. 
  • 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.
  • we may suspend the Services by giving you written notice unless you agree to pay such extra costs.
  • 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.
  • 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.

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

11. Accuracy and completeness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on ArtCove Digital platforms is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

The digital platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these digital platforms at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. 

12. Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms  and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. 

13. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

14. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. 

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the services constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). 

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

15. Governing Law

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia. 

16. Changes to the Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 

17. Contact Information

Questions about the terms and conditions should be sent to us at [email protected]

ArtCove Pty Ltd
ABN: 89985198775