Manufacturer's Close-out Fine Jewelry Auction

TERMS AND CONDITIONS OF SALE 1. All items are sold AS IS, WHERE IS WITH ALL ITS FAULTS. ALL SALES ARE FINAL. NO REFUNDS AND NO EXCHANGES OR REPLACEMENTS. WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of Affordable Creations and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Affordable Creations believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. Affordable Creations attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from Affordable Creations that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. We are not affiliated with any government entity and none of the items sold were seized. 2. In no event shall auctioneer's liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall Affordable Creations 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 lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of Affordable Creations. 3. The successful bidder is the highest bidder acknowledged by Affordable Creations. In the event of any dispute between bidders, or in the event of doubt on Affordable Creations's part as to the validity of any bid, Affordable Creations will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, Affordable Creations's sale record is conclusive. While Affordable Creations makes every effort to guarantee accuracy, in the event of a mistake on the part of auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, Affordable Creations reserves the right to cancel the sale and relist the lot in its sole discretion. 4. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. 5. All bids are subject to (i) a non-refundable 10% buyer's premium which shall be added to a successfully placed bid upon sale of each lot, (ii) any applicable local sales tax, and (iii) shipping and handling costs that are more fully described in the section entitled "Shipping and Handling" (collectively, the "Purchase Price"). For all residents of Canada or shipments to Canada, applicable sales tax will be added to your invoice. Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers purchasing pursuant to a valid resale license will need to provide appropriate documentation for removal of state sales tax. 6. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by Affordable Creations. In the placing of any bid the bidder understands and agrees that the bid, once accepted by Affordable Creations, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by bidder. Affordable Creations has final discretion on sale of a lot. The decisions of Affordable Creations are final. In the unlikely event that we lose our internet connection, Affordable Creations reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 7. PAYMENT: IF IN ITS SOLE DISCRETION AFFORDABLE CREATIONS AGREES TO REFUND A PURCHASE YOU WILL BE CHARGED A 20% RESTOCKING FEE OF THE HAMMER PRICE AND YOU WILL STILL BE RESPONSIBLE FOR SHIPPING AND HANDLING FEES AS WELL AS RETURN SHIPPING. THE PREVIOUSLY PAID BUYER'S PREMIUM IS NOT REFUNDABLE. PLEASE BID RESPONSIBLY AND DIRECT ANY QUESTIONS YOU MAY HAVE PRIOR TO PLACING A BID. 8. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY AFFORDABLE CREATIONS, BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY Affordable Creations. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION. 9. Affordable Creations reserves the right to reject any bid at any time and at its sole discretion. Affordable Creations additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. Affordable Creations reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 10. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon, a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including, without limitation, the right to hold the purchaser liable for the total Purchase Price, we at our option may, a) cancel the sale, retaining all payments made by the purchaser, b) resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder, c) reject future bids from the buyer or render such bids subject to payment of a deposit, d) charge interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds, e) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of Affordable Creations and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to Affordable Creations or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses, f) commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings, g) set off the outstanding amount remaining unpaid by the buyer against any amounts which Affordable Creations, or our affiliated companies, may owe the buyer in any other transactions, or h) take such other action as we deem necessary or appropriate. In the event that such a buyer pays a portion of the Purchase Price for any or all lots purchased, Affordable Creations shall apply the payment received to such lot or lots that Affordable Creations, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. Furthermore, in the event that a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 9. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion. 11. If any dispute occurs between a bidder and Affordable Creations that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein 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 to binding arbitration in the Province of Ontario. Affordable Creations shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. If an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in an Affordable Creations auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve any and all disputes which may arise with Affordable Creations. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay Affordable Creations a minimum of $300 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of Affordable Creations's approval of the application of the bidder to bid in Affordable Creations's auction, bidder confesses judgment to fraud having been committed by bidder against Affordable Creations and further agrees that bidder is liable to Affordable Creations for all damages, losses and costs, including time charges, resulting. 12. The bidder hereby waives, releases, remises, acquits, and forever discharges Affordable Creations and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. Affordable Creations or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. 13. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. 14. These terms and conditions, the contents of any listing and the contractual relationship between Affordable Creations and any bidder shall be interpreted under and governed by the laws of the Province of Ontario. **IMPORTANT - PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY AFFORDABLE CREATIONS, A RETURN OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE FOR PAYING A 20% RESTOCKING FEE BASED ON THE HAMMER PRICE OF EACH ITEM THAT IS RETURNED, LESS APPLICABLE TAXES, PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. ACCORDINGLY, THE RESTOCKING FEE, BUYER'S PREMIUM, AND ANY SHIPPING AND HANDLING COSTS ARE NEVER ELIGIBLE FOR A RETURN OR REFUND. IN THE EVENT THAT YOU REFUSE PAYMENT FOR A WINNING BID YOU WILL BE SUBJECT TO A 15% LIQUIDATED DAMAGES CHARGE OF THE HAMMER PRICE AS MORE FULLY DESCRIBED IN SECTION 9 HEREIN. Regarding Appraised Jewelry, Watches and Loose Stones? Affordable Creations may send jewelry, watches, accessories and loose stones out to a third-party for appraisals. All such lots are sold AS IS and may have been worn, been previously repaired, altered, customized (including having been modified with after-market stones or had the bezel changed in its entirety on certain jewelry or watches), or been embellished. For purposes of our actions, the terms custom, modified, or after-market may be used interchangeably. Such wear, repair or changes may display varying levels of evidence. The bidder hereby acknowledges that the absence of any reference to the condition of a lot does not imply the absence of wear, repairs, customization, or defects. While Affordable Creations makes every effort to call to the attention of bidders the use of after-market parts in jewelry and watches sold, the use of such parts or stones shall not constitute a warranty or representation that the items are original in their entirety. These modifications, customizations, and alterations may impair the ability of the original manufacturer to repair such item or certify the item as authentic All descriptions and statements related to such lots, including measurement, authorship, source or origin, or other aspects are qualified opines and do not constitute a warranty or representation, and are provided for identification and insurance purposes only. Not all Jewelry, watches or loose stones are appraised, and the appraisals are provided for bidders only in certain instances at the discretion of Affordable Creations. Our appraisals are conducted by independent third-party appraisal firms. Such firms may be certified GIA Gemologists or have education in the industry or alternative certifications. Appraisals should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value for resale. Appraisal value should be not considered for actual value, as price varies greatly from retail locations and other merchants in different geographic locations. All Items auctioned by Affordable Creations should not be purchased with a view or expectation toward resale for appraisal price given, or to make a profit. The ultimate value for which an item can be resold may vary drastically from the appraisals listed by Affordable Creations. All dimensions and weights of such lots are approximate and are consistent with standards and practices in the industry. Condition reports are provided as a service to prospective bidders. Bidders should note that such descriptions are not warranties and that watches may need general service, change of battery or further repair work for which the buyer is solely responsible. Certain watch bands from protected species of animals (i.e. alligator, crocodile) and items made of ivory and tortoise may be subject to restrictions in certain countries. Regarding Coins & Currency - No material certified by third-parties may be returned to Affordable Creations because of a possible difference of opinion with respect to the grade offered by such third-party organization, dealer, or service. No guarantee of grade is offered for uncertified lots sold and then subsequently submitted to a third-party grading service. There are absolutely no exceptions to this policy. Any coins sold referencing a third-party grading service as sold AS IS without any express or implied warranty. Notes sold referencing a third-party grading service are sold AS IS without any express or implied warranty. Grading, condition or other attributes of any lot may have a material effect on its value, and the opinion of others, including third-party grading services may differ with that of Affordable Creations. Affordable Creations shall not be bound by any prior or subsequent opinion, determination, or certification by any grading service. Bidder specifically waives any claim to right of return of any item because of the opinion, determination, or certification, or lack thereof, by any grading services. Third-party graded notes are not returnable for any reason whatsoever. Due to changing grading standards over time, differing interpretations and to possible mishandling of items by subsequent owners, Affordable Creations reserves the right to grade items differently than shown on certificates from any grading service that accompany the items. Affordable Creations also reserves the right to grade items differently than the grades shown in the prior catalog should such items be reconsigned or re-offered in any future auction. Although consensus grading is employed by most grading services, it should be noted as aforesaid that grading is not an exact science and various third-party grading services, or even different employees from the same grading service may grade the same lot differently. Bidder fully understands and is aware of such potential inconsistencies and is bidding with such knowledge. Certification does not guarantee protection against the normal risks associated with potentially volatile markets. The degree of liquidity for certified coins and collectibles will vary according to general market conditions and the particular lot involved. For some lots there may be no active market at all at certain points in time. Bidders are advised that certain types of plastic may react with a coin's metal or transfer plasticizer to notes and may cause damage. Payment All payments for lots won are due Immediately upon receiving your invoice * Once a catalog has been proofed the ALL DISPUTES ARE SUBJECT TO ONTARIO JURISDICTION.