INCREDIBLE ART AND NATIVE AMERICAN ESTATE

Terms of Sale – Virginia Fine Arts, LLC
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 PURCHASING AN ITEM, SELLING AN ITEM, OR SIGNING A BILL OF SALE/CONTRACT WITH VIRGINIA FINE ARTS (VFA), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE (“TERMS OF SALE”) (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) TO BE CONDUCTED IN AND ONLY IN THE COURT SYSTEM OF RICHMOND, VA AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION), AND YOU AGREE THAT
(A) THE ITEMS YOU SELL TO VFA ARE YOURS AND YOURS ALONE, (B) THE ITEMS YOU PURCHASE FROM VFA ARE PURCHASED AT YOUR OWN DISCRETION AND WILL NOT BE REFUNDED UNDER ANY CIRCUMSTANCE (i.e. ALL SALES ARE FINAL) and (C) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to the Terms, you may not buy items from, or sell items to, VFA.
The following Terms of Sale are entered into by and between you and Virginia Fine Arts, LLC (“Virginia Fine Arts, LLC” or “VFA, LLC” or “VFA” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your purchase and our offer and sale of products through this document, whether accessed through a desktop, mobile device, tablet, mobile application or other means (collectively, the “Digital Platforms”). You should also carefully review all Terms before agreeing to buy from, or sell your items with, with VFA.
We may change these Terms of Sale from time to time in our sole discretion, at any time without notice to you, by posting such changes on VFA’s Website, or EstateSales.net. It is your responsibility to periodically check the Terms of Sale for changes. You will know if these Terms of Sale 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 TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM BUYING FROM, OR SELLING TO, VFA.
1. Our Role. You acknowledge that we customarily work as an agent with property owners selling their estates off. In some situations, we may purchase products from sellers downsizing collections, settling estates, or otherwise selling property that belongs to them. While we namely purchase fine art, we also may buy furniture, antiques, antiquities, automobiles, and other miscellaneous household goods. Sellers of such items acknowledge that the items they are selling are both in their possession and wholly owned by them. We may also sell items, from entire estates to individual pieces.
2. Title. You acknowledge that you release claim on all items sold to VFA. You also acknowledge that any item you sell belongs to you and no other person.
After a binding contract, or a bill of sale, is signed and rendered by both parties, the items are considered sold and now belong exclusively to VFA.
3. Opinions Rendered. All opinions, appraisals, and assessments made on items purchased by VFA are opinions only. While we have years of experience in the field, the art market is volatile and changes regularly. Therefore, whatever price is agreed upon between VFA and any customer, will be considered to have been arrived at mutually with the express understanding that VFA seeks to both sell and purchase items so as to maintain its business ventures. Any items sold by VFA are sold as is, where is. Considering the nature of an estate sale, no refunds will be given after a purchase has been made.
4. Prices. All prices and estimates offered are the result of VFA’s opinion as stated in Article 3 above.
5. Payment. Sellers agree to accept payment via PayPal, credit card, personal check, or cash for the items sold to VFA. Any check marked “full and final” represents that all agreed upon funds, whether or not they correlate to the Bill of Sale or Contract, have been paid in full. Buyers agree to pay via PayPal, credit card, personal check, or cash for the items purchased from VFA. Virginia residents must pay 6% sales tax. A 3% processing fee will be added to all credit card payments. Virginia Fine Arts, LLC (VFA) is not a shipping agent. Once an item is placed with a shipping agent, all liability for lost, stolen, or damaged items falls on the buyer or their shipping agent. Due to the uncertain nature of the art market, the buyer is advised to use their best judgement to determine the authenticity of an artwork (please see our "GLOSSARY OF TERMS" below). All sales are final and we do not offer returns. Credit cards, whether swiped or keyed in, will not be refunded and are not subject to chargebacks/disputes. Any chargeback/dispute filed against VFA will be considered null and void. Any legal proceedings against VFA must be filed in the City or Richmond, VA, where the company is incorporated.
6. Your Obligations. You agree to comply with these Terms of Sale and all applicable laws and regulations of the various states and of the United States. If you are located outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
7. Indemnification. You agree to defend, indemnify on demand and keep VFA and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from (a) your release of your products, (b) resultant injury that may occur while one of our representatives is on your physical property, or (c) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of the Terms of Sale. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
8. Limitation of Liability.
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON CONTRACT INDEMNIFICATION, OBLIGATION, OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THE TERMS OF SALE, (B) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION WITH RESPECT TO THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THEREON; OR (C) LOST BUSINESS OR LOST SALES, IN EACH CASE EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR USE OF THE DIGITAL PLATFORMS, PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).
9. Dispute Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THE TERMS, ALL DISPUTES AND CLAIMS BETWEEN YOU AND VFA THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THE TERMS SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN THE CITY OF RICHMOND, VIRGINIA. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND VFA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS. YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND VFA SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW. YOU UNDERSTAND THAT YOU AND VFA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.
10. Miscellaneous. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, forces majeures, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage. Any Terms incorporated herein or therein by reference constitute the sole and entire agreement between you and VFA with respect to your purchase of products through the Digital Platforms, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto. The Terms and the relationship between you and us shall be governed by the laws of the State of Virginia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the State of Virginia, City of Richmond. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Richmond in the State of Virginia. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms by VFA must be made in writing and signed by an authorized representative of VFA and the provision to be waived. Headings used in the Terms are for convenience only and are not to be relied upon. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms will inure to the benefit of, and are intended to be enforceable by, VFA’s successors, assigns, and licensees. There are no third party beneficiaries to the Terms.
11. Governing Law and Jurisdiction. These Conditions of Sale and Terms of Guarantee, as well as the seller’s and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Virginia. By utilizing our services, you shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of Virginia. All parties agree, however, that VFA shall retain the right to bring proceedings in a court other than the state and federal courts sitting in the State of Virginia.
12. Further Inquiries. You may direct questions about the Terms, or other issues, to:
Virginia Fine Arts, LLC
306 N 26th St, Ste. 127
Richmond, VA 23223
Last Modified: August 12th, 2023

GLOSSARY OF TERMS FOR ART (using Salvator Rosa as example)

1. Salvator Rosa: The work is, in our best judgement, by the named artist.
2. Attributed to Salvator Rosa: In our opinion, probably a work by the artist but less certainty as to authorship is expressed than in the preceding category.
3. Studio of Salvator Rosa: In our opinion, a work by an unknown hand in the studio of the artist which may or may not have been executed under the artist's direction.
4. Circle of Salvator Rosa: In our opinion, a work by an as yet unidentified but distinct hand closely associated with the named artist but not necessarily his pupil.
5. Style of…Follower of Salvator Rosa: In our opinion, a work by a painter working in the artist's style, contemporary or nearly contemporary, but not necessarily his pupil.
6. Manner of Salvator Rosa: In our opinion, a work in the style of the artist and of a later date.
7. After Salvator Rosa: In our opinion, a copy of a known work of the artist.