The following represent some of the terms and conditions regarding the use of the Worthington Galleries Website (www.worthingtongalleries.com)(hereinafter, “Website”) and/or the purchase of art work and other goods and services from Worthington Galleries, LLC. (hereinafter, “Worthington” or “Worthington Galleries”) which owns and operates the Website. Any and all users, purchasers, buyers, readers, prospective purchasers and viewers of the Website (hereinafter, “Users”), and any and all purchasers, buyers, members, contractors, customers and clients of Worthington generally, are hereby legally bound to and fully agree to all of the following terms and conditions:
By accessing this Website and/or purchasing goods or services offered through this Website you hereby accept and we assume you accept these terms and conditions in full. Do not continue to use this Worthington Galleries Website nor purchase any good service from Worthington if you do not accept all of the terms and conditions stated on this page or throughout the website.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “User”, “Client”, “Buyer”, “Purchaser”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Worthington”, “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both you the User and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the offer for sale, sale, or provision of the Company’s stated Products or Services, in accordance with and subject to, prevailing law of United States and the laws of the State of Tennessee. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Products & Services
This Website may contain from time to time products and/or services (hereinafter, the “Products”) that are offered for sale. Moreover, Worthington’s Products may also be sold at its galleries, via auctions or on third party websites. As used herein, the term “Products” shall be all inclusive and mean all goods and services owned, offered for sale and/or sold by Worthington, whether or not listed on this Website, including but not limited to all art, paintings, prints, sculptures, pottery, ceramics, coinage, memorabilia, collectibles, antiques, textiles, maps, medals, manuscripts, fossils, and precious and semiprecious metals, gems, and stones. All such Products listed for sale on the Website or elsewhere are being offered and sold “As Is” as that term is herein defined. As used herein, “As Is” means a sales transaction in which the Company offers and/or sales Products in their present, existing condition to prospective buyers. This is to serve notice to any and all Users and buyers that they are taking a risk on the quality of the Products. The buyer is free to inspect the Products before purchase; but if any hidden defects are discovered after purchase, the User and buyer shall have no recourse against the Company. Any implied or express warranties that usually accompany goods for sale are expressly excluded as an “as is” sale, and with regards to all Products listed, offered or sold via, in or through this Website.
As such, Worthington makes no express or implied warranties, guaranties, representations or promises regarding in any way the Products, the condition of the Products, or the genuineness, manufacturer, origin, creator, artist, style, function, size, appearance, fitness, date, age, authenticity, or any other representation that may or may not be deemed material to the Products or the offer and sale of the Products. Any description of a Product or Products is for general educational purposes and not intended to be a warranty, promise, guaranty or factual certainty regarding the Product so described, and shall not be in any way relied upon by a prospective or actual purchaser or any user. Any and all descriptions and other information used in this Website are derived from information available to Worthington at the time of the informations inclusion, and Worthington has no obligation to update such information on the Website or to any User or Purchaser. Users may not and agree that you will not rely on whole or in part on any of the data, information, descriptions or pictures contained in this website in order to make a decision to or to actually purchase Products.
It is not always known with certainty who created a painting, sculpture or other work of art. An attribution is a reasonable assessment of who was or may be responsible for creating a particular work of art. Attributions are made with different degrees of certainty, depending on numerous factors such as style and documentary and scientific evidence. When a work of art is “attributed” to an artist, the assessor has concluded that, based on all available evidence, the art is reasonably believed to be an original work in whole or in part by the artist, or in some cases, the artist’s workshop and/or students. However, it means that the assessor maintains a degree of uncertainty that would prevent a definitive attribution. Consequently, there can be absolutely no assurance or guaranty that an artwork’s attribution will necessarily ever be proven or otherwise confirmed.
Therefore, all Users and/or buyers are strongly encouraged to seek an independent professional assessment from a qualified appraiser or examiner. The User and prospective buyer should understand and agree that any term of attribution or authentication used or described in this Website are, were or was likely derived from a description of the Product by either the previous owner/seller, auction house, museum and/or gallery (in other words, from the person or entity from which Worthington acquired the work of art), or from general research, information and data accessible to Worthington, the auction house, gallery, museum and/or previous owner of the artwork. As such, Worthington likely made no independent or separate investigation regarding the accuracy of the previous owner/seller’s description or attribution.
Consequently, Worthington makes no implied or express representation that such information from a previous source regarding a Product or Products is/are true or accurate. This website may also contain such other terms generally having to do with the attribution of a work of art to a particular artist or a wider group or artist. Such terms as generally used in the art industry include, but are not limited to, the following: “By”, By the “Studio or Workshop” of an artist, By “a follower” of an artist, ” in the circle of” an artist, or by “an imitator” of an artist. A description may also include the term “Reproduction” used to describe the association of an artwork to an artist. These terms and phrases of attribution or authentication are intended to communicate an observation of previous owner/seller, professional opinions of others and/or the art industry in general, and should not in any event be interpreted as a claim, representation, warranty or guaranty by Worthington. Therefore, all Users and/or buyers are strongly encouraged to seek an independent professional examination and/or assessment from a qualified appraiser, examiner or expert.
Worthington may at times include a general report of the condition of the Product on its Website page or other description. Since our sales staff are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. All Users and prospective buyers should inspect each Product or lot to satisfy themselves as to condition and must understand that any statement made by Worthington is merely a subjective, qualified opinion. Prospective buyers should also refer to any Important Notices regarding a sale or Product, which are disclosed elsewhere in the Website or printed in the Sales Catalogue. NOTWITHSTANDING ANY CONDITION REPORT OR ANY DISCUSSIONS CONCERNING A PRODUCT OR LOT, ALL LOTS ARE OFFERED AND SOLD “AS IS” IN ACCORDANCE WITH THE CONDITIONS OF BUSINESS CONTAINED HEREIN, ELSEWHERE IN THE WEBSITE AND/OR PRINTED IN OUR SALES CATALOGUES.
Any and all prices that are listed in this Website are intended solely to communicate the price upon which Worthington is willing to sell a given Product or Products. By setting a price for a Product(s), Worthington is not making any representation whatsoever that the Product(s) has been appraised at that price, nor that Worthington is estimating the fair market value of the Product(s). Other than for the purpose of establishing the price upon which the Company will sell a given Product(s), the stated prices herein, discounted or otherwise, have no further meaning, and should not be relied upon by the User or prospective buyer as representing or establishing an appraised or estimated value for such Product(s). The User is therefore urged to consult with a certified and/or licensed professional appraiser who will be better able to provide a detailed, professional report as to the fair market value of the Product(s) that may now exist or that may exist in the future. As with any good or service sold by a merchant, Worthington has the right as the owner and/or authorized seller of the Product to establish, communicate and publish a price it is willing to sell its Product(s), irrespective of the price Worthington may have acquired such Product(s). All User’s and Purchasers are responsible for establishing what they believe is the fair market value of a Product, and may NOT rely on Worthington’s price as being a fair market price or value of that Product. Moreover, their are Product’s Worthington may list for sale that are not owned by Worthington, but have been consigned to Worthington by the Product’s owner. In such cases, the advertised price of the Product has been established and set by the Product’s owner and NOT Worthington. Such prices may have no relation whatsoever to the actual fair market value an appraiser, dealer or curator may place on such Product, and in no way should be relied upon by the User or Purchaser as conveying said Products actual fair market value.
Auction & Other Sales
All Sales Are Final. We accept the following forms of payment: Cash (In House Only), American Express, Discover, MasterCard, Money Order / Cashier’s Check, Visa, and Wire Transfer. All winning bids must be settled by the end of sale. If we do not hear from you within 5 business days from the auction date, a credit card may be charged through invaluable. Purchaser is responsible for all bank fees incurred for wire transactions. Payment may be made by cash (In House Only), wire transfer, certified funds, credit card or other form approved by Worthington Holdings, LLC (“Worthington Galleries”) in writing. We reserve the right to require payment by wire transfer or certified funds. Payments from outside the United States and Canada should be made by wire transfer. Credit cards will not be accepted for international transactions. Checks may take up to three weeks to clear and be verified. Buyers not known to us presenting a check must provide a “letter of guarantee” from a bank officer on original stationery to Worthington Galleries. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at time of registration. Credit arrangements must be made by the Friday prior to the day of auction so bank statements or letters of guarantee can be verified. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. Worthington Galleries reserves the right to hold all merchandise until receipt of funds is verified. A $50.00 service charge will be assessed when a check fails to clear the purchaser’s bank. In addition to this returned check administrative fee, late payment fees may be assessed. We require cash, cashier’s check or wire transfer to replace the returned check and any service fees.
Payment: All Sales Are Final. We accept the following forms of payment: Cash (In House Only), American Express, Discover, MasterCard, Money Order / Cashier’s Check, Visa, and Wire Transfer. All winning bids must be settled by the end of sale. If we do not hear from you within 5 business days from the auction date, a credit card may be charged through invaluable. Purchaser is responsible for all bank fees incurred for wire transactions. Payment may be made by cash (In House Only), wire transfer, certified funds, credit card or other form approved by Worthington Holdings, LLC (“Worthington Galleries”) in writing. We reserve the right to require payment by wire transfer or certified funds. Payments from outside the United States and Canada should be made by wire transfer. Credit cards will not be accepted for international transactions. Checks may take up to three weeks to clear and be verified. Buyers not known to us presenting a check must provide a “letter of guarantee” from a bank officer on original stationery to Worthington Galleries. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at time of registration. Credit arrangements must be made by the Friday prior to the day of auction so bank statements or letters of guarantee can be verified. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. Worthington Galleries reserves the right to hold all merchandise until receipt of funds is verified. A $50.00 service charge will be assessed when a check fails to clear the purchaser’s bank. In addition to this returned check administrative fee, late payment fees may be assessed. We require cash, cashier’s check or wire transfer to replace the returned check and any service fees.
Shipping: Worthington Galleries does not provide in-house shipping. The costs associated with packing and shipping any lots or items are separate and additional costs. Such packing and shipping costs are invoiced separately by the third party shipping service chosen by the buyer. The choice as to whether any lots or items being shipped has insurance coverage is solely the responsibility of the buyer. Worthington will endeavor to provide a list of carriers and shippers in the general area or the gallery or auction site. Purchaser agrees that packing and shipping is done solely at the purchaser’s risk and that the Purchaser will pay for all packing expenses, materials, carrier fees and insurance charges. Worthington Galleries will have no liability for any loss or damage to shipped items. Items must be paid for in full before they will be released to a shipping company for shipment. Any shipping estimates given are only estimates and cannot be construed as the final shipping cost. All property should be removed from the auction site premises at the auction’s conclusion unless prior arrangements have been made with Worthington Galleries. Purchased items not picked up or shipped within ten business days of the auction will be assessed a storage fee of $10.00 per day. If the purchaser fails to have their item(s) removed from the Auction Site 30 days after the auction, Worthington Galleries reserves the right to take possession of the item(s) and dispose of them at their discretion to recoup storage and other costs.
Additional Terms: Condition and Descriptions: Worthington Holdings, LLC (“Worthington”) has endeavored to accurately describe all items being sold. However, the photographs are the only intended descriptive items that a prospective buyer should use to evaluate whether to purchase the item. All items are sold as is, where is, with all faults. There are absolutely no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as desired, or that you have chosen not to examine them. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, imperfections from the photography process can include reflections and variations in color due to digital processing. Worthington shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging. Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. Our goal is to provide prospective bidders with accurate and detailed information. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. Estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are neither a representation nor a prediction of the actual selling price that will be realized at auction. All sales are final. No statement written or oral made by the auctioneer or a representative of Worthington shall be deemed a warranty or assumption of liability by Worthington or by any seller represented by Worthington.
Worthington reserves the right to withdraw any lot, item or property before the auction or sale. Worthington reserves the right to withdraw any lot, item or property, under its sole discretion, after any auction, sale, or purchase for any reason whatsoever, and shall issue a full refund to the winning bidder if already paid. Buyers understand and agree that some or all lots or items listed in any auction catalogue or to be sold at any auction may have a stated or unstated reserve amount or price restricting or preventing the sale of such item or lot to only bids that exceed such reserve.
Liquidated Damages. Buyers understand and agree that problems, issues, difficulties or circumstances sometimes arise, both before or after an auction, that interfere if not eliminate the ability of the consignor or Worthington to provide the lot or item to the Buyer or winning bidder. In such cases, all prospective buyers, bidders and/or winning bidders understand and agree that the only remedy or relief at law or in equity to any such buyer, bidder or winning bidder is to obtain a refund of the amount of the hammer price paid by the Buyer for any such lot or item (the “Liquidated Damages”). In addition, should a dispute, disagreement, claim or suit arise regarding the artwork sold by Worthington and acquired by Buyer, the Buyer understands and agrees that the sole remedy or relief at law or in equity to any such Buyer, bidder or winning bidder is to obtain a refund of an amount equal to the hammer price paid by the Buyer for any such lot or item (the “Liquidated Damages”). Such Liquidated Damages shall be the exclusive and sole remedy, relief or damages a buyer is entitled to receive, and expressly excludes all other remedies that may be afforded at law or in equity, including the specific performance of the contract created herein, or any other contract that may be created between Worthington and a buyer relating to any auction or item. Buyers understand and agree that such Liquidated Damages are herein expressly designated by the parties as the only damages that any buyer, third party, or such other injured party can collect as compensation upon proving a contract breach. At no time is any Buyer entitled to equitable relief, including specific performance of the sales transaction, and including the delivery of the exact artwork acquired by Buyer.
A prospective buyer may preview or inspect any lots or item to be auctioned at the time and dates designated by Worthington. All bidders, buyers and winning bidders understand and agree that any bid placed on or before an auction shall be deemed an admission by such bidder, buyer or winning bidder that he/she/it has investigated, inspected, and reviewed the item or lot to their full satisfaction, and have determined that the lot or item is as described and has a value or worth equal to or greater than the winning bid on such item or lot.
Your bid is a contract: In bidding on any lot offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes when the auctioneer says, “Sold”. The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. After the item is sold, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her/its own risk and expense.
Live Auction: Attendance at a live auction event REQUIRES pre-registration through invaluable.com. Please register to bid in our auction by completing all information requested, including providing a valid credit card. Failure to do so will likely result in your not being allowed to attend the live auction or bid online.
The artwork in Worthington Galleries Auctions is owned primarily by artists, private collectors, and organizations such as museums (the “Owners”). The Owners own a copyright or assignment of the copyright to the art. Consequently, photographs and videos of the auction and its art is strictly prohibited. Use of any device to take photographs or videos will result in your being asked to leave. Such conduct may result in your being liable for copyright, trademark and other intellectual property infringement.
Terms & Conditions: The bidder agrees to abide by all terms of the sale of any lot or item. Although a bidder is not entitled to a refund of any item purchased in an auction, should Worthington allow the return of any lot or item, no refunds will be made unless and until the purchased lot or item is received by Worthington. Furthermore, any costs or expenses in any way associated with the repacking, handling, mailing, shipment and return of the lot or item is the full responsibility of the Buyer. Should Worthington receive the item in any lesser condition that it was sold (which determination is at the sole and unilateral judgement and discretion of Worthington), Worthington may withhold the refund of the lot or item until such time the lot or item is repaired. Any and all such repairs shall be the responsibility of the Buyer. Should any dispute arise regarding a lot or item purchased by a Bidder or Buyer, such disputes must be resolved in the Circuit Court of Sumner County Tennessee, and the choice of law will be under the laws of the State of Tennessee. Notwithstanding anything contained herein to the contrary, any refund made to Buyer’s and/or bidders shall be expressly limited to the Liquidated Damages, which is the sole and only remedy or relief allowed to the Buyer or bidder.
Taxes: Purchases may be subject to 9.25% Tennessee sales tax unless the Tennessee Department of Revenue Blanket Certificate of Resale form is completed and provided, along with a copy of the resale certificate from your state and received prior to time of purchase. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer’s country.
Unless otherwise stated, Worthington Galleries and/or it’s licensors own the intellectual property rights for all material on Worthington Galleries All intellectual property rights are reserved. You may view and/or print pages from http://worthingtongalleries.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://worthingtongalleries.com
- Sell, rent or sub-license material from http://worthingtongalleries.com
- Reproduce, duplicate or copy material from http://worthingtongalleries.com
Redistribute content from Worthington Galleries (unless content is specifically made for redistribution).
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Worthington Galleries does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Worthington Galleries, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Worthington Galleries shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- Worthington Galleries reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Worthington Galleries a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Worthington Galleries; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Worthington’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Worthington Galleries corporate office is located at:1181 Nashville Pike
Gallatin, TN 37066