Diamond GalleryDiamond Gallery's fine jewelry

The following are the Terms and Conditions established by DIAMONDGALLERY for this live auction event. ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS PRIOR TO BIDDING. CONDITIONS OF SALE By participating and or bidding in this auction you acknowledge that you (Buyer) are in full agreement with all of the Terms and Conditions of this auction sale described herein. The following Terms and Conditions of Sale and Guarantee and the Consignor's (if applicable) entire agreement with the Buyer relative to the property listed in this catalogue. Any and all contents of this catalogue are subject to amendment exclusively by DG by the posting of notices or by oral announcements made during the sale. The property will be offered by DG unless the catalogue indicates otherwise. By participating in any sale, you acknowledge that you are bound by these terms and conditions including the following; BUYER'S PREMIUM A Buyer's premium of 15% will be added to the successful bid price and is payable by the Buyer as part of the total purchase price all of which is immediately due and payable at close of the lot. DESCRIPTION OF LOTS : Item descriptions only represent an estimated opinion by DG and DG cannot be held responsible for any inaccuracies or differences which could occur by examination of the item by other Gemological Laboratories or other experts in the field of grading gemstones and jewelry. The catalogue descriptions and any amendments thereto reflect DG's sole opinion of the item(s) being auctioned. All property is sold "AS IS" without any representations or warranties by DG as to merchantability, fitness for a particular purpose, the correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. DG makes no representations and warranties, express or implied, as to whether the Buyer acquires any copyrights, including but not limited to, any reproduction rights in any property. DG is not responsible for errors and omissions in the catalogue, glossary, or any supplemental material. Written and oral descriptions are DG's opinions and should in no way be considered as a guarantee of any kind whatsoever, including but not limited to, the age, condition, description of materials or any other feature of item(s) being sold. We do not offer any refunds except as described in the Refund & Return Policy paragraph below. All sales shall be considered final. DG or its consignor(s) shall deem no statement written or oral made by the auctioneer a warranty or assumption of liability. All images in the catalog are for identification purposes only and are not intended to represent the actual color or clarity of the item being auctioned. All photos are of the actual items being auctioned and DG may provide the same photo for multiple(s) of the same item being auctioned. Please note that the photos are enlarged to show detail. Moreover, DG disclaims responsibility for, and prospective Buyers should not rely upon the details identifying metals, gemstones, weights, sizes, quality, condition or authenticity of any lot described in the catalogue or condition report. Buyers shall note that natural some gemstones may be processed by a variety of different techniques, including but not limited to, treatments using oil, heat and resins, which offer an enhanced appearance. DG will provide Buyers any available gemological certificates in DG's possession. The catalog descriptions should, but may not necessarily state, whether these techniques have been used, and DG makes no representations or warranties, express or implied, as to whether any natural stones have been treated. INSPECTION : Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not it has been repaired or restored. Your bidding will signify that you have examined the items to your satisfaction or that you have chosen not to examine them prior to bidding and agree to accept the item (without objections) that you are bidding on. If you are uncertain about any item being auctioned, we recommend that you contact us for more detailed information prior to bidding. If you are still uncertain about the item after contacting us, please refrain from bidding. ESTIMATES : Quoted replacement values are for insurance purposes only and shall not be considered in any manner whatsoever, as to the actual value of the item. Since jewelry evaluation and appraisals are extremely subjective, an estimate of the retail replacement value may vary from one appraiser to another and such a variance does not necessarily constitute an error on the part of any appraiser. Diamonds and Colored Stones are generally graded only as mounting permits observation. The weight of Diamonds and Colored Stones are estimated by formula and may not be completely accurate. Due to the extremely subjective nature of gemstone analysis, Buyer assumes all risk in purchasing any item(s) auctioned by DG. DG shall not be responsible for any claims or disputes arising from any item described herein and DG, its employees, members, agents and/or affiliates shall not be liable for any loss, damage or expense for any error in or omission arising from any information provided herein. DG has made no representation or warranty in connection with any item(s) described herein. SALES TAX : Unless exempted by law, the Buyer is required to pay California State Sales Tax of 7.75% (if located within California) and any compensating use tax of another state, and/or any federal luxury or other tax, on the total purchase price including the Buyer's premium. Sales tax is only void if Buyer provides DG with a valid resale permit or if the merchandise is shipped outside of the State of California. WITHDRAWAL We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. PER LOT Unless otherwise announced by the auctioneer, all bids are per lot. BIDDING We reserve the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged by the auctioneer will be the actual Buyer. In the event of any dispute between bidders, or in the event of doubt on DG's part as to the validity of any bid, the auctioneer will have the exclusive final discretion to determine the successful bidder, cancel the sale, or to re-offer and re-sell the item in dispute and are not responsible for any errors or omissions in connection therewith. The auctioneer may bid, or direct an employee to bid on the Consignor's behalf. The auctioneer shall be the sole arbitrator in case of any disputed bid. NON-PAYING BIDDERS DG must receive payment within 5 (five) business days of the end of auction. If payment is not received within the 5 (five) days, buyer will automatically be in default and right to the item(s) will automatically be forfeited. DG will then automatically file a Non-Paying Bidder Alert to eBay, which may result in suspended from eBay indefinitely. DG will also file negative feedback indicating a non-paying bidder if we do not receive all funds within 5 (five) business days after the end of the auction. BIDDER REGISTRATION Prospective Buyers are required to register prior to the auction. Registration is available at the Preview or online at www.ebayliveauctions.com. ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS PRIOR TO BIDDING. Any questions shall be directed to DG prior to bidding. Registrants attending the auction in person will be provided with a numbered card for bidding purposes. Registrants are responsible for payment of purchases resulting from all successful bids assigned to their card number. Reassignment of card numbers or transfer of purchases to another Buyer during or after the auction is not permitted. ABSENTEE BIDDING In the event that you are unable to attend the auction but wish to bid in absentee, eBay provides an On-Line bidding system that allows prospective Buyers to place absentee bids. We encourage all absentee bidders to place their bids early. RESERVE All lots offered are subject to a reserve, which is the minimum price acceptable to DG and/or the Consignor. No reserve will exceed the low presale estimate stated in the catalogue, or as amended by oral or posted notices. The auctioneer will open the lots and such opening may be on behalf of the reserve. The auctioneer is authorized to bid up the lot on behalf of the reserve. BIDS BELOW RESERVE If the auctioneer decides that any opening bid is below the reserve of the article offered, he may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance. BUYER'S RESPONSIBILITY Subject to fulfillment of all of the conditions set forth herein, upon the close of a lot by auctioneer, ownership to the offered lot will pass to the highest bidder acknowledged by the auctioneer except in the case where the bid is held by the reserve. The bidder thereupon (a) assumes full risk and responsibility therefore (including, without limitation, liability for any damage), and (b) will immediately pay the full purchase price including the Buyers premium, shipping, handling and delivery costs for the item. All property must be removed from our premises by the Buyer at his expense not later than four (4)days following its sale and, if it is not so removed, (c) a handling charge of 15% of the total purchase price will be charged and the item will be automatically forfeited and Buyer agrees to completely forfeit all interest in the item including any money paid to DG. If any applicable conditions herein are not complied with by the Buyer, the Buyer will be in default and without limitation, DG shall have the full right to hold the Buyer liable for the total purchase price, including all fees, charges and expenses as described herein. In any case, the Buyer will be liable for any deficiency, any and all costs, handling charges, late charges, expenses for re-auctioning the item, DG's commissions legal fees and expenses, collection fees and incidental damages. RULES If any dispute occurs between bidders, the auctioneer reserves the exclusive right to immediately re-list the item up for bid. The auctioneer's sole discretion shall be binding upon all bidders. The auctioneer reserves the right to group multiple lots together and prior to bidding; withdraw any lot from the sale. The highest bidder acknowledged by the auctioneer shall be the Buyer except in the case where the bid is held by the reserve. Bids are accepted in whole dollar amounts only. The auctioneer reserves the right to call for bids at any increment in the sole discretion of the auctioneer. Any bid amount may be accepted or rejected by the auctioneer at its sole discretion. The auctioneer reserves the sole right to refuse to honor any bid that is not submitted in good faith or supported by references to the satisfaction of DG. Buyer personally guarantees the payment of the item(s) for this sale. If DG deems that Buyer is in default, DG may, in its sole discretion either cancel the sale of the lot(s) and retain as liquidated damages all of the funds paid by Buyer to DG and/or resell the lot(s) in any matter necessary by DG. DG may be a consignor of this sale and may bid on any lot(s) the company has consigned and DG also reserves the right to include its own merchandise in this auction event. DG reserves the right to add or withdraw items to or from the auction at any time prior to or after the auction without notice even if buyer has already paid for the item (if the item is paid for by Buyer and withdrawn by DG, then DG shall provide a complete refund to Buyer). Buyer agrees to hold DG harmless from any and all liability arising from DG, its appointed officials, members, employees, auctioneer, the company and its agent and employees, the event organizers, sponsors and or volunteers in connection with the auction. PAYMENT METHOD We accept MasterCard, Visa, American Express and Discover through PAYPAL payments. We also accept Money Orders, Cashiers Checks. California residents pay applicable sales taxes (7.75%). For items shipped within the continental United States, buyers pay a flat fee of $20.00, plus applicable insurance if necessary. If you are the winner of more than one lot in the same auction, all items will be shipped at NO addition fee. Insurance rates are $1.00 per $100.00 sale total. INTERNATION BUYERS : International buyers assume the responsibility for paying custom fees, duties, and taxes if applicable. Bidders are required to provide telephone numbers with shipping instructions at time of payment. E-mail or call DG for shipping cost and estimated delivery time. A flat fee of $50.00 for shipping and handling will be applied. Cost for insurance may be additional, $ 1.00 per $100.00 value. CAUTION: Buyers that provide different ebay email addresses which conflict with ebay email addresses violate the terms and conditions of this sale. Our invoicing system can not account for any funds received, when email address differ. PLEASE be sure to confirm that both email address are identical before registering in a DG auction. REFUND & RETURN POLICY : DG will honor refunds on all items returned with the following limitations. If the return is due to an error DG made on shipment, DG guarantees a full refund. Buyers must contact DG via email within 3 days of receipt of item and it should be sent to us insured for their full value and must be received by us in their original condition within 7 business days of product receipts. If buyer requests return of item for any reason, DG will assess a 15 % restocking fee. Merchandise must be returned undamaged and in original condition. Refunds are generally made within five to seven business days after receipt of the returned merchandise. FEEDBACK Customer Satisfaction is extremely important to us and "Positive Feedback" is always encouraged and greatly appreciated. If you leave us Positive Feedback, we will promptly provide you the same. Negative Feedback is highly discouraged. If you are not satisfied with your purchase, please return the item to us for a refund as per our return policy. If you provide us with Negative Feedback, you will automatically receive Negative Feedback in return. Our policy is to be part of the solution, not the problem. If you participate in our auction, please adhere to all of our terms & conditions, rules and policies. The item description and information we provide to you is the information that is provided to us. Therefore, it is unreasonable for anyone to leave Negative Feedback considering our guaranteed return & refund policy. LIMITATION OF LIABILITY In no event will our liability to a Buyer exceed the purchase price actually paid for an item. DG shall not be liable for any breach or default of a consignor. In no event shall DG's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall DG have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the Property or its purchase, sale, delivery or non-delivery, or the acts or omissions of DG . SHIPPING : Orders are generally shipped via within five(5) business days after receipt of payment. In no event will DG be liable for loss or damage of property in transit. We are not responsible for the acts or omissions in our packing or shipping of purchased items or of other carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased items is at the entire risk of the Buyer. International buyers MUST provide a telephone number with shipping address instructions. GOVERNING LAW AND JURISDICTION : These Conditions of Sale and Terms of Guarantee, as well as the Buyer'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 California. By bidding at an auction, whether present in person or by agent, order bid, telephone or other means, the Buyer shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts located in the State of California. DISPUTE RESOLUTION For any Dispute that occurs between DG and Buyer (the parties) that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described below and agree to the following procedures for Resolution of the Dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted for Binding Arbitration, in the County of RIVERSIDE, California . The prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute. SEVERABILITY If any provision or portion thereof of the Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions. NO ASSIGNMENT Unless DG consents in writing, Buyers may not assign their rights or any of their obligations relating to an auction or other sale by DG. Any assignment without DG's written consent will be void. COMPLETE AGREEMENT AND BINDING AGREEMENT The Terms and Conditions (which for all purposes include the Conditions of Sale) contain all of the provisions applicable to the agreement between DG, on the one hand, and each bidder and Buyer, on the other, with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions supersede and extinguish all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. The Terms and Conditions shall be binding on Buyer's heirs, beneficiaries, executors, and successors and permitted assigns. CONTRACT MODIFICATIONS AND WAIVER The Terms and Conditions may not be changed, unless DG agrees in writing to Buyer. No waiver shall be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by DG shall not be a waiver on any other or future occasion or affect DG right to insist on strict performance of all other provisions. TO OUR WINNING BIDDERS: Please add a Buyer's Premium of 15% to your successful highest bid. This amount should be specified in the official notification sent through Ebay. If the amount is not specified you can take your winning bid price and multiply it by 15%. This will be the amount of the Buyers Premium. Please add 7.75% Sales tax if you reside in California. Shipping and handling fee is $20.00 for one item including insurance. We will combine the shipping fee for multiple purchases from a single auction, should the bidder win more than one item in that auction; at not additional fee. See Shipping and handling fees above for detailed information. DG greatly appreciates positive feedback and will leave like kind. If buyer has any concerns please contact us prior to leaving feedback. Please contact us at, DGALLERY2@AOL.COM Shipping Buyer Pays Shipping Cost $20

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