Terms of Service | Appraisily

Introduction 1.1 Overview. These Terms of Service (“Terms”) set out the legally binding terms and conditions under which Appraisily (referred to as “we,” “us,” or “our”) provides online art and antique appraisal services (“Services”) to you, the user (“you” or “Client”). By accessing our website or ordering any Services, you agree to be bound by these Terms. Please read them carefully. If you do not agree to these Terms, you must not use our Services. 1.2 Scope of Terms. This document, together with any other policies or documents referenced herein (such as our Privacy Policy), constitutes the entire agreement (“Contract”) between you and us for use of the Services. You may wish to print or save a copy of these Terms for your records. We reserve the right to update or modify these Terms as described in Section 17. By continuing to use the Services after any changes, you accept the updated Terms.
About Us 2.1 Company Information. The Services are provided by Appraisily SL, a limited company registered in Spain (trading as Appraisily.com). In these Terms, “Appraisily” refers to Appraisily SL and its affiliates and authorized representatives. 2.2 Contact Details. You can contact us with questions or complaints by emailing info@appraisily.com. Our mailing address and additional contact information are provided on our website. We strive to respond to all inquiries in a timely manner.
Pricing 3.1 Service Prices. All prices for our appraisal Services are published on our website (for example, on the “Request a Valuation” or order page) or communicated to you as part of the ordering process. These prices are in the currency indicated and are subject to change at any time prior to order placement. We will not change the price of a Service after your order is accepted as described in Section 6, except in cases of obvious error. 3.2 Taxes. Unless otherwise stated, all prices quoted include any applicable value-added tax (VAT) or similar sales taxes. If you reside outside the EU or in a jurisdiction where additional taxes, customs duties, or fees may apply, you are responsible for those unless we explicitly include them in the price. We will inform you if any additional charges apply before you confirm your order. 3.3 Price Errors. We make every effort to ensure pricing on our website is correct. However, if we discover an error in the price of Services you ordered (e.g. a manifest typographical mistake), we are not obliged to fulfill the order at the incorrect price. In such case, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If you cancel due to a pricing error and you have already paid, you will receive a full refund.
Payment 4.1 Payment Methods. Payment for Services must be made in advance. We accept major credit cards, debit cards, prepaid cards, PayPal, and any other payment methods specified on our site. By submitting an order, you authorize us (or our third-party payment processor) to charge the payment method you provide for the total amount due. 4.2 Timing of Payment. The full price of the Service (100% of the quoted price) is due and charged upfront at the time of order placement, unless we have explicitly agreed in writing to an alternative payment schedule. We will not begin the appraisal Service until payment has been successfully received. If, for any reason, your payment is not completed or is reversed, your order will not be processed or may be suspended, and we will notify you to arrange payment. 4.3 Secure Payments. All payments are processed through secure third-party payment providers. We do not store your full payment card details on our servers. You are responsible for providing complete and accurate payment information and keeping that information up to date. If your payment fails or is declined, you must contact your bank or payment provider; we are not liable for any fees they may charge you as a result of the transaction.
Interest on Late Payments 5.1 Interest Charges. If we have agreed to any payment that is not made upfront (for example, an invoice payable after delivery) and you fail to pay any amount due by the agreed due date, we reserve the right to charge interest on the overdue amount. Interest will accrue on the overdue sum at the rate of 6% per annum above the base lending rate of our primary bank, calculated daily from the date payment was due until the date payment is made in full. This interest will accrue both before and after any judgment on the unpaid amount. 5.2 Exceptions. We will not charge interest on late payments in the following circumstances: 5.2.1 Disputed Charges: If you are disputing the applicable charge in good faith, and you have notified us in writing within a reasonable time of receiving the invoice or charge (including the reasons for your dispute), we will not charge interest on the disputed amount while the dispute is being resolved. 5.2.2 Service Issues: If we are in the process of re-performing Services or otherwise addressing a fault in the Services pursuant to your rights under these Terms (for example, correcting an error in the appraisal), and such re-performance obligations delay your payment, we will not charge interest during the period we are working to remedy the issue. 5.3 No Waiver of Fees. Charging interest on late payments does not limit our other rights or remedies for non-payment. You are also responsible for any reasonable costs we incur in collecting overdue payments (except where the overdue amount is due to our fault). Failure to pay may result in suspension or termination of Services (see Section 12).
Order Process and Contract Formation 6.1 Placing an Order. By completing the order or request form on our website (or via email or other ordering process we provide) and clicking the confirmation or “Submit” button, you are making an offer to purchase the selected appraisal Services from us according to these Terms. All orders are subject to our acceptance. We reserve the right to decline any order prior to acceptance, for example, in cases of unavailability of qualified appraisers, technical issues, or potential compliance concerns with the item to be appraised. 6.2 Order Confirmation. After you place an order and payment is received, we will send you an email acknowledging receipt of your order. Once we have reviewed your request and are ready to proceed, we will send a separate email confirming that your order is accepted (“Confirmation Notice”). The Confirmation Notice (or completion of the Service, if earlier) is our acceptance of your order and signifies the formation of a binding Contract between you and us, which incorporates these Terms of Service. 6.3 If We Cannot Fulfill Your Order. In rare cases, we may be unable to supply the requested Services after your order is placed, for example due to unexpected unavailability of key staff/expert appraisers, an event outside our control (see Section 13 on Force Majeure), or because of an obvious error in the description or pricing of the Services. In such cases, we will inform you as soon as possible and will not process the order. If you have already paid, you will be entitled to a full refund for any Services not provided. 6.4 Corrections and Changes. It is your responsibility to review the Confirmation Notice and contact us promptly if you believe there is any error or if you need to request a change to your order (such as correcting information you submitted). We will discuss any requested changes with you, but please note that changes to the scope of Services may not be possible if work has already begun, or may require additional payment or time. Any changes to the Contract must be agreed by us in writing (email is sufficient). 6.5 Updates to Terms. We may need to revise these Terms from time to time due to changes in the law, regulatory requirements, or improvements in our business practices. If we make significant changes to these Terms that affect your existing Contract, we will notify you in writing (for example, by email). If the changes are materially detrimental to you, you may have the right to cancel the Contract before the changes take effect and receive a refund for any Services paid for but not yet rendered. For ongoing users, the latest version of the Terms will apply to new orders and use of the website.
Performance of Services 7.1 Provision of Appraisal. Upon formation of the Contract, we will assign a qualified appraiser or appraisal expert to perform the evaluation of your item based on the information and photographs you provided. We will use reasonable skill and care in performing the appraisal Services, consistent with industry standards for art and antique appraisal. The outcome of the Service will typically be a written appraisal report or valuation statement delivered to you electronically (for example, via email or through your account on our site). 7.2 Timeframe. We aim to complete and deliver appraisal reports within 48 hours (2 business days) from the time we receive all the necessary information and materials from you, unless a different turnaround time is specified during the order process. While we make every effort to meet indicated timeframes, any stated delivery time is an estimate and not guaranteed. Factors such as the complexity of the item, the need for additional research, high order volume, or unforeseen events may extend the delivery time. Time is not of the essence for the performance of our Services. 7.3 Delays and Extensions. If we anticipate a significant delay in delivering your appraisal (for example, needing more information or encountering research delays), we will notify you as soon as possible with a revised estimated delivery time. If a delay is caused by an event outside our control, Section 13 (Force Majeure) will apply. If for any reason we cannot perform the Services within a reasonable extended timeframe, you may be entitled to cancel the order and receive a refund for Services not delivered. 7.4 Client Cooperation. Our performance of appraisal Services depends on your cooperation and the accuracy of the information you provide. You agree to provide all information, descriptions, and high-quality images of the item to be appraised that we request, and to respond promptly to any follow-up inquiries. Failure to provide necessary information or materials may result in delays or our inability to complete the Services. We are not liable for any delay or failure in performance caused by incomplete or inaccurate information provided by you. 7.5 Method of Delivery. Completed appraisal reports will be delivered in electronic form (such as a PDF document) to the email address you provided or made accessible in your account dashboard. It is your responsibility to ensure the email address and contact information we have for you are correct and functioning. If you require a physical copy or notarized document, additional fees and time may apply and must be arranged separately. 7.6 Quality of Service. We warrant that our Services will be performed with reasonable care and skill. While we strive for accuracy and thoroughness in every appraisal, the valuation provided is an opinion of the appraiser based on current market data and the information available. Section 16 provides more details on the nature and limitations of our appraisal Services. If you believe we have not met the standards promised, please see Section 8 regarding service issues and your rights.
Service Issues and Customer Rights 8.1 Reporting Issues. If you experience any problem with our Services or believe there is an error in your appraisal report, you should contact us as soon as possible at info@appraisily.com with details of the issue. We will acknowledge your complaint or report of an issue promptly and work with you in good faith to resolve it. 8.2 Our Resolution Efforts. In the event of any error or deficiency in the appraisal Service attributable to us (for example, a clerical mistake in the report or an oversight in the research), our primary obligation is to correct the mistake and re-perform the relevant parts of the Service at no additional cost to you. We will do so within a reasonable time and with the degree of care originally promised. You must provide us a reasonable opportunity to address and fix any problems. 8.3 Your Legal Rights (Consumers). If you are a consumer (an individual using our Services for personal, non-commercial purposes), you have certain legal rights regarding services that are not performed with reasonable care and skill or that otherwise do not conform to the Contract. These Terms do not affect those statutory rights. For example, under EU consumer laws, if a service is not carried out with reasonable care and skill, you may be entitled to require re-performance or, if that is not possible or successful, a price reduction or refund. We will comply with applicable consumer protection laws in addressing any service quality issues. 8.4 No Charge for Fixes. If a service issue is determined to be our responsibility, we will not charge you for correcting it. You will only be responsible for the original price of the Service as agreed, provided that the scope of work remains the same. If the issue was caused by incomplete or incorrect information supplied by you, we may offer to revise or reappraise for an additional fee. 8.5 Limitations. Please note that differences of opinion about an item’s value or characteristics do not necessarily mean our Service was deficient. Appraisal is by nature a professional opinion; another appraiser’s estimate may differ. Such differences of opinion are not considered errors or faults with our Service. However, if you believe our appraisal missed significant information that you had provided, or failed to consider a readily verifiable fact, we are willing to review those concerns as part of our commitment to quality.
Contract Cancellation and Refunds 9.1 Cancellation by You (Change of Mind). We understand that circumstances can change. If you wish to cancel your order for Services, you may do so by notifying us in writing (e.g., by email) as soon as possible. However, because we aim to start working on your appraisal immediately after order acceptance, your ability to cancel for a full refund may be time-limited. Before Service Begins: If you request cancellation before we have started performing the appraisal (for instance, immediately after placing the order and before an appraiser has begun work), we will cancel your order and issue a full refund of any payment received. After Service Has Begun: If you request cancellation after work has started but before completion, we may, at our discretion, grant a partial refund, deducting a reasonable amount to cover the work already performed up to the point of cancellation. Because of the fast turnaround, once the appraisal report has been completed or delivered, Section 9.2 applies. 9.2 No Refund After Completion. Once we have fully performed the Services and delivered your appraisal report, you are not entitled to cancel the Contract for a refund simply because you changed your mind or no longer need the appraisal. At that stage, the agreed Service has been provided in full. This does not affect your rights if there is a problem with the Service (see Section 8) or if we have failed to meet our obligations. 9.3 Consumer Right of Withdrawal (EU/EEA Residents). If you are a consumer residing in the European Union or another jurisdiction with similar “cooling-off” laws, you generally have a legal right to cancel a contract for services within 14 days of forming it without giving any reason. However, when you placed your order, you requested immediate performance of the Services and acknowledged that once the Service is fully performed, you lose the right to withdraw. This means: (a) If we complete and deliver the appraisal within 14 days of your order as requested, you waive the 14-day cancellation right and cannot cancel for a refund after delivery. (b) If you cancel during the 14-day period before the Service is fully delivered, we are entitled to retain payment proportionate to the Services performed up to the point of cancellation (and will refund any remainder). We will process any due refund as soon as possible and no later than 14 days from your cancellation notice. 9.4 Cancellation by Us. We reserve the right to cancel the Contract if: (a) you breach a material term of these Terms, or fail to provide information or cooperation necessary for us to perform the Services; (b) we have reason to believe the item you submitted for appraisal or your use of the Service violates applicable law or these Terms; or (c) continued performance becomes unfeasible due to circumstances beyond our control. If we cancel due to your breach or misconduct, you may not be entitled to a refund (and in serious cases we may charge you for any resulting costs or losses). If we cancel for reasons not attributable to you (for example, an unforeseen issue on our side), we will refund you for any Services not delivered. 9.5 How Refunds Are Issued. If you are entitled to a refund under these Terms, we will issue the refund to the original payment method you used, unless otherwise agreed. Please note that it may take several business days for the refunded amount to appear in your account, depending on your bank or payment provider. We are not responsible for any delays in processing by third-party payment processors or banks.
Complaints and Dispute Resolution 10.1 Customer Service. Your satisfaction is important to us. If you have any complaints, disputes, or concerns regarding our Services or these Terms, we encourage you to contact our customer support at info@appraisily.com. Please provide as much detail as possible about your issue. We will acknowledge receipt of your complaint and strive to resolve it amicably and quickly. 10.2 Internal Resolution. We will attempt in good faith to resolve any dispute or complaint through our internal complaint handling process. This may involve further communication with you, review of the appraisal by a second appraiser, or other remedial steps. Most concerns can be resolved through dialogue, and we value the opportunity to address your concerns without formal proceedings. 10.3 Mediation (Optional). If a dispute arises that cannot be resolved through our customer service team, we may suggest (or you may propose) resolving it through mediation – a voluntary process where an independent neutral mediator helps both parties reach a settlement. Mediation is not binding unless an agreement is reached. Any mediation would occur in a mutually agreed location or via videoconference, and costs would typically be shared equally. Neither you nor we are obligated by these Terms to participate in mediation, but it may be a useful step before formal legal action. 10.4 Legal Disputes. If we are unable to resolve a dispute to both parties’ satisfaction, either party may pursue formal legal action. Section 18 of these Terms sets out the governing law and jurisdiction for any such disputes. Nothing in these Terms prevents you from seeking remedies through courts or other dispute resolution bodies as permitted by law. If you are a consumer in the EU, you may have the right to use an alternative dispute resolution service or platform; while we are not obligated to agree to such alternative processes, we will consider reasonable requests in the interest of a fair resolution. 10.5 No Effect on Statutory Rights. Using our complaints process or any informal dispute resolution does not deprive you of any legal rights or remedies. If your complaint is not resolved and you choose to file a claim in court, you can still do so. We hope, however, that we can address issues to your satisfaction without the need for litigation.
Liability and Indemnification 11.1 Limitations of Our Liability. To the fullest extent permitted by law, Appraisily (including our officers, directors, employees, contractors, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive losses or damages arising out of or relating to the Services or these Terms. This includes, without limitation, any loss of data, loss of profit, loss of business, loss of opportunity, or loss of goodwill, even if we have been advised of the possibility of such damages. Our total aggregate liability to you for all claims arising from or related to the Contract or the Services is limited to the total amount you paid us for the specific appraisal Service in question. If you did not pay (for example, if a service was provided gratis), our liability shall be limited to the amount of €100 (one hundred euros). 11.2 No Limitation for Certain Losses. We do not exclude or limit our liability where it would be unlawful to do so. This means that nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of your consumer rights that cannot be legally excluded; or (d) any other liability that cannot be excluded or limited under applicable law. 11.3 Not Financial or Legal Advice. The appraisal Services we provide are for informational and valuation purposes only. We do not guarantee that you will be able to sell an item for the appraised value, nor do we guarantee any specific outcome with the IRS or any insurance company (see Section 16 for more on this). Any guidance or commentary we provide is general in nature and not legal, tax, investment, or insurance advice. You should consult your own advisors before making financial decisions based on an appraisal. We will not be liable for any decisions you make or actions you take (or fail to take) in reliance on our appraisal report or Services. 11.4 Indemnification by You. You agree to indemnify, defend, and hold harmless Appraisily and its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and court costs) that arise out of or relate to: (a) your breach of any of these Terms; (b) your violation of any applicable law or regulation in the use of our Services; (c) any information or material you submit to us (including photographs and descriptions of items) that infringes or misappropriates the intellectual property or privacy rights of a third party or that is fraudulent or unlawful; or (d) your misuse of the appraisal report or Services (for example, any use of our appraisal in a misleading manner or sharing an appraisal report in violation of Section 16.5). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 11.5 Release. By using the Services, you release Appraisily from any and all liability for any loss or damage arising from dealings with other users or third parties that you interact with through our website or Service. For example, if you share or sell an item based on our appraisal and have a dispute with the buyer, that dispute is solely between you and the other party. This release does not apply to the extent that the loss or damage is caused by Appraisily’s own negligence or breach of these Terms.
Termination of Services 12.1 Termination by Appraisily. We may terminate or suspend your access to the Services or terminate any Contract with immediate effect by giving written notice (including email) to you if you materially breach these Terms or if we have reasonable grounds to believe you are using the Services in a manner that is fraudulent, unlawful, or may cause harm to us or others. In some cases, we may give you a chance to remedy a breach if it is capable of remedy. If you fail to do so in the time specified, we may terminate. Additionally, we reserve the right to terminate the provision of Services at our discretion if we decide to discontinue the Service entirely. If we terminate an ongoing Service not due to your breach, we will refund any amounts for Services not yet delivered. 12.2 Termination by You. You may terminate your use of our Services at any time by ceasing to use the website and, if applicable, closing your account or notifying us that you no longer wish to use our Services. If you have an active order in process, termination of the Contract will be handled as a cancellation under Section 9. Once an appraisal report has been delivered, the Service is concluded and the Contract will ordinarily terminate thereafter (subject to continuing obligations in these Terms that survive). 12.3 Effects of Termination. Upon termination of the Services or Contract for any reason, you will immediately lose any right to receive further Services (other than any obligation on us to re-perform or fix issues as per Section 8, if applicable). If termination occurs mid-Service due to your breach, we may retain any payments already made and you may be liable for any unpaid balance for work performed. If termination occurs for our convenience or due to discontinuation of Service, you will be entitled to a refund for Services not provided. Termination does not affect any rights and liabilities that have accrued prior to termination. Sections of these Terms which by their nature should survive termination (such as limitations of liability, indemnification, governing law, etc.) will continue to apply. 12.4 Account Deletion. If you have created an account on our website, you may delete your account at any time. We reserve the right to delete or disable accounts that are inactive for an extended period or that we suspect are used in violation of these Terms. Account deletion does not automatically cancel any pending orders or Contracts, so please ensure you resolve any open transactions before deleting your account. 12.5 No Refund on Termination for Breach. If we terminate the Contract or your access to Services due to your violation of these Terms or applicable law, such termination is without prejudice to our right to compensation for damages. In such cases, we will not be obligated to refund you any fees you have paid, except as may be required by law.
Force Majeure (Events Beyond Our Control) 13.1 Definition. “Force Majeure” refers to any event or circumstance beyond a party’s reasonable control which prevents or delays that party from performing its obligations under these Terms. Such events include but are not limited to: natural disasters (e.g. floods, earthquakes, hurricanes), fire or explosion, epidemics or pandemics, war, terrorism, civil unrest, strikes or labor disputes, interruptions in power supply or telecommunications, failures or delays of suppliers or subcontractors, changes in law or government restrictions, or any other event that could not reasonably be foreseen or avoided. 13.2 No Liability for Delays. If we are unable to perform, or are delayed in performing, any of our obligations under a Contract because of a Force Majeure event, we will not be in breach of the Contract or liable for any failure or delay in performance. The time for performance of our obligations will be extended for the duration of the Force Majeure event. For example, if a sudden government restriction prevents us from accessing necessary databases or our experts are in a region affected by a natural disaster, our delivery timeline may be pushed out until the situation improves. 13.3 Notification. If a Force Majeure event occurs that affects our ability to provide the Services, we will notify you as soon as reasonably possible, explaining the nature of the Force Majeure and (if known) the expected duration of its impact on our performance. We will also make reasonable efforts to mitigate the effects and resume performance as soon as feasible. 13.4 Your Rights in Force Majeure. If a Force Majeure event substantially prevents us from delivering the Service by a reasonable extended time or makes it impossible to fulfill the Contract within a reasonable period, either party may have the right to terminate the Contract upon written notice to the other. If the Contract is terminated due to Force Majeure before Services are completed, we will refund any payments for Services not provided. Alternatively, if you are willing to wait, we may mutually agree on a new schedule for performance. 13.5 Related Customer Obligations. You also shall not be liable for failing to perform any obligation under these Terms if your failure is caused by a Force Majeure event affecting you (for instance, a natural disaster preventing you from sending required information). However, this does not excuse any payment obligations for Services that we have already performed. If a Force Majeure event affecting you prevents you from fulfilling an obligation (such as providing information), you should inform us immediately and we will attempt to accommodate reasonable extensions or adjustments.
Use of Personal Data and Privacy Policy 14.1 Collection and Use of Data. In order to provide our Services, we collect certain personal data from you, such as your name, contact information, and details about the item(s) to be appraised. We will use this information solely for legitimate purposes connected with providing the Services, processing your order, communicating with you, and as otherwise described in our Privacy Policy. By using our Services, you agree that we may process your personal data in accordance with our Privacy Policy and applicable data protection laws. 14.2 Privacy Policy. Our Privacy Policy, which is available on our website (typically via a link titled “Privacy Policy”), provides detailed information on what data we collect, how we use and protect it, and your rights regarding your personal data. The Privacy Policy is hereby incorporated into these Terms by reference. We encourage you to read it carefully. If there is any conflict between the Privacy Policy and these Terms regarding personal data, the Privacy Policy will prevail. 14.3 Data Security. We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, or misuse. However, no internet transmission or data storage system can be guaranteed 100% secure. By using the Services, you acknowledge that there are inherent security risks in transmitting data over the internet and we are not responsible for breaches of security that are outside of our reasonable control. 14.4 Third-Party Processors. We may use trusted third-party service providers to assist in delivering our Services (for example, payment processors, IT hosting providers, or expert appraisers/consultants). These third parties may process your personal data on our behalf. We will ensure that any such processors are bound by appropriate data protection obligations and only use your data as needed to perform their functions in line with our Privacy Policy. 14.5 Your Responsibilities. It is your responsibility to provide accurate personal data and to keep us updated if any of your personal information relevant to the Service changes (such as your contact email). You should also maintain the confidentiality of any account credentials on our site. If you provide us with personal data of third parties (for example, if you are acting on behalf of someone else or providing provenance information that includes personal details), you must have the authority to share that data with us for the purposes of the appraisal Service. 14.6 Data Subject Rights. Depending on your jurisdiction, you have certain rights regarding your personal data, such as the right to access, correct, or delete your data, and to object to or restrict certain processing. Our Privacy Policy outlines how you can exercise those rights and our contact information for privacy requests. If you have any questions or requests concerning your personal data, you may contact us at info@appraisily.com.
Third-Party Rights 15.1 No Third-Party Beneficiaries. This Contract is between you and Appraisily. Except as expressly provided in these Terms, no person or entity who is not a party to this Contract shall have any right to enforce any term of this Contract. In other words, a third party (including anyone you might show an appraisal report to) has no contractual rights against us under these Terms. For example, if you share the appraisal report with a potential buyer or an insurer, that third party cannot hold us liable under this agreement for anything related to the report. 15.2 Third-Party Services or Content. Our website or appraisal reports may include references or links to third-party websites, services, or content that are not owned or controlled by Appraisily. These are provided for convenience or citation purposes only. We do not endorse or assume any responsibility for any third-party sites or services. If you access any third-party website or service through Appraisily, you do so at your own risk, and your dealings with such third parties are solely between you and the third party, subject to their terms and policies. 15.3 Affiliates and Subcontractors. We may engage affiliates, partner appraisers, or subcontractors to perform parts of the Services. For example, we might have independent expert appraisers who contribute to evaluating certain specialized items. When we do so, we remain responsible to you for the performance of the Contract. Such affiliates or subcontractors do not become parties to this Contract with you; their involvement does not give them any additional rights against you or liability to you. Any claims or issues relating to the Services should be directed to Appraisily, not to individual appraisers or subcontractors. 15.4 Exclusions. Nothing in this section limits any rights a third party may have under a separate agreement with us or under mandatory laws. Additionally, any legal successors or permitted assigns of the parties will benefit from and be bound by this Contract’s terms in the same way as the original parties.
Appraisal Services (IRS Tax Deductions and Insurance Valuations) Overview: Appraisily specializes in providing professional art and antique appraisal reports that can be used for various purposes, including documentation for IRS tax deductions (such as charitable contributions of valuable items) and for obtaining or adjusting insurance coverage on art and antiques. This section outlines specifics and limitations regarding these uses of our appraisal Services. 16.1 Appraisals for IRS Tax Deduction Purposes 16.1.1 Qualified Appraisal Standards. When you inform us that an appraisal is needed for IRS purposes (for example, to substantiate a non-cash charitable donation on your tax return), we will endeavor to ensure the appraisal report meets the IRS’s requirements for a “qualified appraisal.” This generally means the appraisal will be performed by a qualified appraiser, include the required information (description of the item, fair market value as of the required date, methodology, qualifications of the appraiser, statement of appraisal purpose, etc.), and be signed by the appraiser. Our appraisers have the credentials and experience commonly expected by the IRS for appraising tangible personal property. 16.1.2 Fair Market Value. For IRS charitable contribution purposes, valuations are typically done at fair market value, which is generally defined by the IRS as the price a willing buyer and willing seller would agree upon when neither is under compulsion to buy or sell and both have reasonable knowledge of the relevant facts. Our appraisal report for tax purposes will provide an opinion of fair market value of your item as of the appropriate effective date (often the date of donation or transfer). This value may differ from retail or insurance values. We do not include estimates of future value or any guarantees. 16.1.3 Use of Appraisal for Tax Filing. It is your responsibility to determine if you are required to obtain a qualified appraisal (for example, the IRS currently requires one for non-cash charitable deductions in excess of $5,000, with Form 8283 to be completed and signed by the appraiser and donee). If requested and agreed as part of the Service, our appraiser can complete the relevant portion of IRS Form 8283 or provide other documentation needed for your tax filing. However, we are not tax advisors and will not complete any portion that is designated for tax preparers or the donor’s declared value; we strictly provide the appraised value and appraiser’s declaration. 16.1.4 No Guarantee of Deduction. Our appraisal report is intended to help you comply with IRS requirements, but we do not guarantee that the IRS (or any tax authority) will accept your deduction or the appraised value. Tax authorities may review or challenge valuations, especially for high-value donations. By using our Service, you acknowledge that the ultimate decision on allowing a deduction rests with the IRS and that you may need to provide additional evidence or explanations to support your deduction. We will, however, support our appraisal with documentation of the market data used and the qualifications of the appraiser, and if necessary (and if reasonable additional compensation is arranged), the appraiser may be available to answer IRS inquiries about the appraisal. 16.1.5 No Tax Advice. Any information we provide about tax rules or requirements is for general informational purposes only and should not be taken as tax advice. You should consult a qualified tax professional for advice on claiming deductions, tax implications of donations or valuations, and how best to use the appraisal in your tax filings. We are not responsible for any tax liabilities, penalties, or outcomes resulting from how you use the appraisal or report values on your returns. 16.2 Appraisals for Insurance Purposes 16.2.1 Insurance Valuation Standards. Appraisals for insurance purposes (such as obtaining insurance coverage or filing an insurance claim for loss or damage) may require a different basis of value than fair market value. Insurers often require an appraisal of the replacement value or insurance value, which estimates the cost to replace the item with one of like kind and quality, often in the retail market. If you request an insurance appraisal, we will clarify whether the value provided is fair market value or replacement value, and our report will be tailored accordingly to meet typical insurance industry standards. 16.2.2 Use with Insurance Companies. Our appraisal reports for insurance are designed to be accepted by major insurance carriers as documentation of the item’s value at the time of appraisal. They include detailed descriptions, photographs, and valuation reasoning. However, we cannot guarantee that a particular insurer will accept our report or insure your item for the appraised amount. Insurance companies have their own underwriting criteria and may require appraisals from specific approved appraisers or have additional conditions. It is your responsibility to check with your insurer about their requirements. We will cooperate by providing any reasonable verification or credentials about our appraisers if an insurer requests it. 16.2.3 Validity Period. Values for insurance purposes can fluctuate over time due to market conditions, changes in rarity, artist popularity, etc. Insurance appraisals are typically considered valid for a certain period (often 2-5 years) after which insurers may ask for an updated appraisal. Our appraisal report will usually state the date of value; beyond that date, the accuracy of the valuation may diminish. We recommend updating appraisals periodically. We are not responsible if an outdated appraisal is rejected by an insurer or if the value has changed since the report date. 16.2.4 Claims and Losses. If you obtain insurance based on our appraisal and later need to file a claim (e.g., for theft or damage of the item), the settlement is strictly between you and your insurance company. Our appraisal is an independent assessment of value and does not serve as a guarantee of the amount the insurer will pay. Insurers may depreciate value based on condition, impose deductibles, or have policy limits. We do not participate in claim negotiations or processes, unless separately engaged by you or the insurer as an expert (which would be a new service outside the scope of these Terms). 16.2.5 Limitation for Insurance Use. The appraisal report we provide is intended for the client’s use. You may provide a copy to your insurance agent or company as needed for scheduling coverage or substantiating a claim. However, the report should not be publicly distributed or used for any purpose other than the stated insurance-related purpose without our permission (see also Section 16.5 on report use). Using the report in any other manner, or alteration of the report, is strictly prohibited. 16.3 General Terms Applicable to Appraisals 16.3.1 Opinion Not Certainty. Whether for IRS, insurance, or personal use, appraisals are opinions of value, not statements of absolute fact. Two qualified appraisers might provide different values for the same item. Our appraisal reflects the expert’s best judgment at the time of appraisal, based on research and analysis of comparable sales, market trends, condition of the item, and other relevant factors. We do not guarantee that you will achieve the appraised value in an actual sale, or that another appraiser or authority will not value the item differently. 16.3.2 Limited Scope. Our appraisal is based on the information and images you supply and our observations from those images. We do not conduct a physical inspection unless expressly agreed (our standard service is online/remote appraisal). Therefore, the valuation assumes that the item is authentic and as described by you. We do not generally perform or include scientific tests (like carbon dating, spectroscopic analysis, etc.) or deep provenance investigations as part of a basic appraisal. If authenticity or hidden conditions are in question, the value could be significantly affected. We urge you to disclose all relevant information and documentation about the item. We are not liable for discrepancies arising from information or factors that could not be observed or verified from the materials you provided. 16.3.3 No Authentication Guarantee. While our experts may give opinions on the attribution or authenticity of an item as part of the appraisal (especially if that affects value), our appraisal is not a certificate of authenticity. If authentication by a specific artist’s estate or expert body is required (for example, for high-end artworks), obtaining such authentication is outside the scope of our Services unless explicitly agreed. We assume no responsibility if an item is later determined to be not as believed (for example, a reproduction or forgery), but we will value it based on the assumption of authenticity unless there is reason to suspect otherwise given the provided information. 16.3.4 Intended Use and Non-Transferability. The appraisal report we provide is intended for your use and the specific purpose stated (tax, insurance, resale, personal knowledge, etc.). It is addressed to you and is not intended to be used or relied upon by any other person, except third parties for whom the appraisal was explicitly prepared (such as the IRS or your insurer, in context of your dealings with them). No one else should claim they are protected by or can enforce the appraisal’s content. If a third party chooses to rely on the appraisal, they do so at their own risk. We reserve the right to include a disclaimer in the report itself to this effect. 16.3.5 Restrictions on Use of Report. The content of the appraisal report (including text, photographs, and valuation conclusions) is protected by copyright and other intellectual property laws. We grant you a limited, non-exclusive license to use the report for its intended purpose. You must not edit, modify, or misrepresent the appraisal report, and you may not publish it publicly (such as on a website or in marketing materials) without our prior written consent. This is to prevent misuse or context changes that could mislead others. You also agree not to remove or obscure any disclaimers or confidentiality notices in the report. Any commercial use of the appraisal (beyond its use in selling or insuring the specific item) requires our permission. 16.3.6 Appraiser Independence. We maintain strict standards of independence and objectivity in our appraisals. Our appraisers do not have a financial interest in the items they appraise and are not buyers or sellers of those items. We charge a fee for the Service regardless of the value outcome, so the appraiser’s compensation is not tied to the appraised value. This ensures that our appraisals for IRS or insurance purposes meet requirements for unbiased opinions. If you ever feel an appraiser has a conflict of interest, please inform us immediately and we will address it, potentially assigning a different appraiser if necessary.
Miscellaneous Provisions 17.1 Changes to the Services or Terms. We may update, modify, or discontinue any aspect of our website or Services at any time to reflect changes in our products, our users’ needs, our business priorities, or changes in law. Similarly, we may amend these Terms from time to time. If we make significant changes to the Terms, we will notify users who have active Contracts or accounts (for example, via email or a notice on our site). Minor updates or clarifications may be made without specific notice. The latest version of the Terms will always be posted on our website with the “Last Updated” date. Your continued use of the Services after changes are made constitutes acceptance of the updated Terms for new orders. However, any Contract already formed will be governed by the Terms in effect at the time of that Contract, unless you agree otherwise. 17.2 Entire Agreement. These Terms, along with any documents expressly referred to within (such as the Privacy Policy and the details of your specific order as confirmed), constitute the entire agreement between you and Appraisily with respect to the Services. They supersede and extinguish all prior understandings, agreements, representations, and warranties, both written and oral, relating to the subject matter. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of Appraisily that is not set out in these Terms or written in your order confirmation, and that you have no claim for innocent or negligent misrepresentation or misstatement based on any statement not contained herein. 17.3 Severability. If any provision (or part of a provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted or modified to make it valid and enforceable. The validity and enforceability of the other provisions of these Terms shall not be affected and will remain in full force and effect. 17.4 No Waiver. No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude full enforcement of any other right or remedy. A waiver of any provision or breach of these Terms will be effective only if expressly made in writing and signed by our authorized representative, and it will not be deemed a waiver of any subsequent breach or default. 17.5 Assignment. You may not assign, transfer, or subcontract any of your rights or obligations under these Terms or any Contract to any third party without our prior written consent. Any attempted assignment by you without consent will be null and void. We may transfer or assign our rights and obligations under these Terms to another organization, for example, in the event of a merger, acquisition, or internal reorganization. If such a transfer occurs, we will notify you if required by law, and your rights under the Contract will not be affected. The Services may then be provided by the transferee in our place, but the same Terms will govern the relationship unless changed in accordance with this Section. 17.6 Notices. Any notices or communications required or permitted under these Terms to you will be given to the contact information you provided, typically via email to the address on your order or account. It is your responsibility to keep your contact information current. Notices to us should be sent by email to info@appraisily.com or via any contact method specified on our site for legal notices. Notices will be deemed received: (a) if by email, when the email is sent (provided no bounce or error message is received), or (b) if by postal mail (if we provide an address), when actually received by us. 17.7 Language. The Contract between you and us is concluded in English. All Services will be provided, and communication will be conducted, in English (unless we specifically offer another language and both parties agree to use it). If we provide a translation of these Terms or any report, the English version will control in the event of any conflict or ambiguity in interpretation. 17.8 Relationship of Parties. Nothing in these Terms is intended to, or shall, create any partnership, joint venture, or employment relationship between you and Appraisily. We are independent contractors providing appraisal services to you. You and we do not have authority to bind the other in any way. The Contract is solely for the provision of services as set out herein. 17.9 Headings and Interpretation. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Words in the singular include the plural and vice versa as the context may require. The words “including” or “include” shall be construed without limitation to the generality of preceding words. 17.10 Survival. Any provisions of these Terms which by their nature should survive termination of the Contract (such as limitations of liability, indemnities, governing law, intellectual property rights, and post-termination restrictions on use of appraisal reports) shall survive any expiration or termination of the Contract.
Governing Law and Jurisdiction 18.1 Governing Law. These Terms, the Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Spain. However, if you are a consumer and you reside in a member country of the European Union outside of Spain, you will also benefit from any mandatory provisions of the law of the country in which you reside. Nothing in this Section 18.1 affects your rights as a consumer to rely on such mandatory provisions of local law. 18.2 Jurisdiction. You and Appraisily agree that the courts of Spain shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Services or these Terms. Notwithstanding the foregoing, if you are a consumer resident in the European Union, you may also bring proceedings in your local courts under applicable consumer protection laws. Likewise, if you are domiciled outside of the EU in a jurisdiction that by law gives you the right to file claims in your home courts, this Section does not deprive you of that right. The above choice of jurisdiction is intended to apply to the fullest extent permissible, and does not limit any rights you may have under applicable consumer law to resolve disputes in the courts of another jurisdiction. 18.3 Other Jurisdictions. The Services are intended to be accessible internationally, but we make no representations that the content of our website or these Terms complies with the laws of any jurisdiction outside of Spain. If you access or use the Services from outside of Spain, you do so at your own risk and are responsible for compliance with local laws. 18.4 Acknowledgment. By agreeing to these Terms, you acknowledge that you have read, understood, and agree to be bound by all of the above provisions. You confirm that you had the opportunity to ask questions or seek independent advice if you wished, and that you agree to these Terms freely. Last Updated: March 15, 2025.