TERMS OF SERVICE
Last review: 10/24/2020
ATTENTION: These Terms of Service shall constitute an agreement for authentication services (the “Agreement”) provided by Bagaholic (the “Company”) to you (the “Client”).
PLEASE READ THE TERMS OF SERVICE CONTAINED HEREIN AS THEY FORM PART OF A LEGALLY BINDING CONTRACT YOU WILL BE ENTERING INTO IF YOU CHOOSE TO HAVE YOUR OBJECT AUTHENTICATED BY THE COMPANY.
The Company offers clients the opportunity to obtain an online, electronic authentications of personal property, either in their possession or that they are wanting to buy. By submitting the photographs of the object to be authenticated and any related information, the Client accepts these Terms of Service.
- The Agreement
The Agreement shall consist of only these Terms of Service. No other documentation, correspondence or any other form of communication shall form any part of the Agreement unless both parties so agree in writing. The Agreement shall only be entered into and come into effect once the Company has accepted to make a authentication of the object and the Client has paid the price subject to the Company’s right to withdraw its services in accordance with the terms hereof.
- Services Offered
The Company aims to provide the authentication of submitted items within 48 hours after the Client has submitted all the required pictures and/or additional information. While the Company’s goal is to reply within 48 hours, in some cases our authenticators are people and sometimes they’re not available (illness, family emergency, poor internet connection). If this period of 48 hours is exceeded, the Company shall not be obligated to issue a refund but is obligated to provide a credit for another authentication. In the same respect, it is the client’s responsibility to submit photographs in a timely manner and in due quality.
- Cost for Services Offered
The price shall be in accordance with the price list published on the Company’s website or documents at the time the item is submitted for authentication by the Client. The Company reserves the right to revise prices at any time.
- Client’s Obligations & Acknowledgments
The Client shall pay the Price for the authentication to the Company. The Client shall provide clear and accurate photos according the Bagaholic Authentication Photos Guide and provide full and accurate information about the object, such as already known authenticity issues, previous sales history and any other related information in the possession or knowledge of the Client, his agents, employees, advisors or their family.
The Client acknowledges that an authentication is a skilled opinion and such opinions as to authenticity may differ. The Company’s expertise includes 10+ years’ experience with luxury handbags, over 100,000 items reviewed online and over 3,000 on-site examinations. Unless otherwise stated in writing, the authentication only reflects an opinion based on the visual characteristics taken from the images and written information provided. If the Client does not agree to the opinion given, they are encouraged to seek a 2nd opinion.
- Client Grants Company Rights
Although the completed authenticity report belongs to the Client, Client grants the Company a perpetual nonexclusive, royalty free, worldwide right and license to use, with the right to sub license, any portion of the authentication report (other than personally identifiable information such as Client’s name, address and email address) including, without limitation, item images, item descriptions, for any purpose in any and all media and by any and all means now or hereafter known or devised for any purpose whatsoever, including without limitation the commercialization of such material.
Will refund the authentication fee if, after Client has provided all the information requested by the authenticator, the Company is unable to complete the authentication.
Will not refund the Client’s authentication fee merely because the object was not the outcome they were hoping for regarding authenticity.
Will not refund due to factors outside of the Company’s control, such as when Client wanted to purchase an item and the item sold while the authentication was in progress.
Will not refund if the Client is unable to provide photos required for proper authentication. If the Company’s request for photos has not been provided within three (3) days of request, the Company will declare the authentication “inconclusive” based on lack of photographic evidence.
- Company Liability
The Company shall not be liable for any deficiency including but not limited to any omissions, mistakes, erroneous attributions, authenticity issues in the authentication as a consequence of external circumstances, circumstances regarding the object being authenticated, the Client failing to provide full and accurate information, and by any other factor that cannot be identified by a reasonable inspection of the photographs and other information received from the Client.
- Agreement Termination
Should the Company fail to deliver the authentication within the time frame noted herein or in any other way breech this Agreement, the Client, upon written request, is entitled to terminate this Agreement and be refunded the price paid for the authentication. Said refund shall be credited to the Client by the same means through which the Client paid the Company. Termination of this Agreement shall cause the Company’s license to the authentication to be revoked and the Client shall destroy the authentication.
CLIENT SHALL INDEMNIFY THE COMPANY AND ITS AUTHENTICATORS, EMPLOYEES AND OFFICERS AGAINST ALL LIABILITIES AND EXPENSES INCURRED BY THEM AS A RESULT OF ANY BREACH OF THIS AGREEMENT OF ARISING FROM RELATED CLAIMS BY THIRD PARTIES IN CONNECTION WITH THE AUTHENTICATION SERVICE PROVIDED. Should the Client breach this Agreement by using the authentication for prohibited or illegal purposes,
1) the Agreement shall be terminated with immediate effect and the Client shall not be entitled to a refund on the price paid for the authentication,
2) the company’s license to the authentication shall be revoked,
3) the Client shall destroy the authentication.
There shall be no further liability of the Company to the Client from the date of termination of the Agreement.
In the event that any part of the Agreement should be held to be unenforceable for any reason, that term shall be deemed to be not part of the Agreement, the remaining portions of the Agreement shall remain in full force and effect.
- Force Majeure
Neither party shall be liable in damages or have the right to terminate this agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God (such as but not limited to fires, explosions, earthquakes, drought, title waves and floods); wars or hostilities, insurrections, revolutions, civil war, invasions, or acts of enemies (whether war be declared or not); riots, strikes, lock-outs or disorder; acts or threats of terrorism; and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
- Acceptable Use Policy
The Client is independently responsible for complying with all applicable laws in all of the Client’s actions related to the Client’s use of Bagaholic authentication services, regardless of the purpose of the use.
THE AUTHENTICATION IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND THE AUTHENTICATORS PERFORMING THE AUTHENTICATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES WITH REGARD TO THE AUTHENTICATION, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY. THE COMPANY AND ITS AUTHENTICATORS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE AUTHENTICATION. YOU ALSO AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR OUR PREPARATION OF THE AUTHENTICATION WILL BE YOUR CONTRACTUAL RIGHT TO A RETURN OF THE FEES YOU PAID TO US FOR THE AUTHENTICATION.
- The Company
Bagaholic is registered in Moscow, Russia. The Company can be contacted by email at firstname.lastname@example.org.