FINE ART CONDITIONS OF SALE

CONDITION REPORTS AND DESCRIPTIONS OF PROPERTY

The knowledge of The RealReal in relation to each work of art is partially dependent on information provided to us by the Consignor, and The RealReal is not able to and does not carry out exhaustive due diligence on each work of art. We shall exercise reasonable care when making express statements in descriptions or condition reports as is consistent with our role as vendor in this sale and in light of (i) the information provided to us by the Consignor, (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made. 

As a courtesy to buyers, The RealReal may prepare and provide condition reports on each work of art. Prospective buyers should note that descriptions of property are not warranties and that each work of art is sold "as is."

All representations or statements made by The RealReal as to the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition or estimated selling price of any artwork, is a statement of opinion only. All photographic representations and other illustrations presented online or elsewhere are solely for guidance and are not to be relied upon in terms of tone or color or necessarily to reveal any imperfections in the artwork. Many works are of an age or nature that precludes their being in pristine condition and some make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a work is free from defects nor does any reference to particular defects imply the absence of others.

LIMITATION OF LIABILITY

We agree to refund the purchase price in the circumstances of a breach of the Authorship Warranty set out below. Apart from that, neither the Consignor nor we, nor any of our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any piece whether written or oral nor for any other errors or omissions in description or for any faults or defects in any piece. Except as stated in the Authorship Warranty below, neither the Consignor, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any piece with regard to merchantability, fitness for particular purpose, description, size quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.

AUTHORSHIP WARRANTY

The RealReal warrants the authorship of art works sold on this website described in headings in bold type for a period of five years from the date of sale by The RealReal, subject to the exclusions and limitations set forth below.

a) The benefits of this warranty are not assignable and shall apply only to the original buyer of the work as shown on the order confirmation originally issued by The RealReal when the work was sold. 

b) In any claim for breach of the Authorship Warranty, The RealReal reserves the right, as a condition to rescind any sale under this warranty, to require the buyer to provide to us at the buyer's expense the written opinions of two recognized experts in the field, mutually acceptable to The RealReal and the buyer, before The RealReal determines whether or not to cancel the sale under the warranty. We shall not be bound by any expert report produced by the buyer and reserve the right to consult our own experts at our expense. 

c) Subject to the exclusions set forth in subparagraph (a) above, a buyer may bring a claim for breach of the Authorship Warranty provided that (i) he or she has notified The RealReal in writing within three months of receiving any information which causes the buyer to question the authorship of the piece, specifying the sale in which the property was included, the item number on the order confirmation and the reasons why the authorship of the piece is being questioned and (ii) the buyer returns the piece to The RealReal in the same condition as at the time of the sale and is able to transfer good and marketable title in the piece free from any third party claim arising after the date of the sale. The RealReal has discretion to waive any of the foregoing requirements. 

d) The buyer understands and agrees that the exclusive remedy for any breach of the Authorship Warranty shall be rescission of the sale and refund of the original purchase price paid. This remedy shall constitute the sole remedy and recourse of the buyer against The RealReal, and any of our affiliated companies and the seller and is in lieu of any other remedy available as a matter of law or equity. This means that none of The RealReal, any of our affiliated companies or the seller shall be liable for loss or damage beyond the remedy expressly provided in this Authorship Warranty, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the original purchase price. 

SALES TAX

Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is the buyer's responsibility to ascertain and pay all taxes due. Buyers claiming exemption from sales tax must have the appropriate documentation on file with The RealReal prior to the release of the property.

PACKING AND SHIPPING

Buyers are responsible for all shipping costs and fees. We will, at the buyer's expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer in order to facilitate such services for property purchased from The RealReal.  As a courtesy to buyers, The RealReal will, without charge, wrap purchased items for hand carry only. Any such instruction, whether or not made at our recommendation, is entirely at the buyer's risk and responsibility and we will not be liable for acts or omissions of third party packers or shippers. The RealReal will require presentation of government issued identification prior to release of a piece to the buyer or the buyer's authorized representative.

COPYRIGHT

The RealReal respects copyright law and expects its users to do the same. It is the Company's policy to terminate access in appropriate circumstances of Members who repeatedly infringe or are believed to be repeatedly infringing on the rights of copyright holders. Please see The RealReal's Submitted Content Policy at http://www.therealreal.com/terms for further information.

GENERAL

These terms and conditions of sale are subject at all times to The RealReal’s Terms of Service.