Certified Jewelry & Gems Live Auction

Certified Jewelry & Gems Terms & Conditions of Sale The following are the Terms and Conditions established by Windsor Auctions (Certified Jewelry & Gems – CJG), Inc 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 are CJG 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 CJG by the posting of notices or by oral announcements made during the sale. The property will be offered by CJG 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 CJG offers a Quality Assurance Report (QAR) for a fee of $20.00 per item, which will be added to the Buyer’s Statement (Invoice) only if the Buyer communicates directly with CJG and requests that a QAR accompany each item(s) purchased. Item descriptions only represent an estimated opinion by CJG. CJG maintains original certified appraisals on file, which provide an opinion as to the Estimated Retail Value based on comparison. In no way or case shall CJG 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 CJG’ opinion of the item(s) being auctioned. All property is sold "AS IS" without any representations or warranties by CJG 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 or elsewhere, shall be deemed such a warranty, representation or assumption of liability. CJG is not responsible for errors and omissions in the catalogue, glossary, or any supplemental material. Written and oral descriptions are CJG 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. 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 by CJG. CJG never provides the same photo for multiple(s) of a like item being auctioned. Please note that the photos are enlarged to show detail. Moreover, CJG 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 some natural 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. The catalog descriptions should, but may not necessarily state, whether these techniques have been used, and CJG makes no representations or warranties, express or implied, as to whether any natural stones have been treated. ESTIMATES Quoted estimated retail values are based upon the estimates, which may vary, based upon market conditions (worldwide) 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 Estimated Retail 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 CJG. CJG shall not be responsible for any claims or disputes arising from any item described herein and CJG, 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. CJG 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 any State Sales Tax applicable in their State of residence 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 furnishes CJG a valid resale permit or if the merchandise is shipped out of the State of Florida. WITHDRAWAL We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. BIDDING CJG reserves 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 CJG' 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 resell the item in dispute and are not responsible for any errors or omissions in connection therewith. The auctioneer may bid on lots subject to a reserve. The auctioneer shall be the sole arbitrator in case of any disputed bid. NON-PAYING BIDDERS CJG must receive payment within 3 working days of the end of auction. If payment is not received within 3 days, you will automatically be in default and your right to the item(s) will automatically be forfeited. CJG will then automatically file a Non-Paying Bidder Alert to Ebay, which can result in you being suspended from Ebay indefinitely. We will also file negative feedback indicating a non-paying bidder if we do not receive the funds by the fourth day after the end of the auction. You must notify us by e-mail of any special circumstances that would delay you from meeting our payment policy requirements. BIDDER REGISTRATION CJG accepts International Bidders. 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 CJG prior to bidding. Registrants are responsible for payment of purchases resulting from all successful bids. 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 Lots offered are subject to a reserve, which is the minimum price acceptable to CJG. 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 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, the auctioneer decides that any advance thereafter is insufficient the auctioneer 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 the 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. If any applicable conditions herein are not complied with by the Buyer, the Buyer will be in default and without limitation, CJG 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, CJG legal fees and expenses, collection fees and incidental damages. RULES In the event a 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 CJG. Buyer personally guarantees the payment of the item(s) for this sale. If CJG deems that a Buyer is in default, CJG 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 CJG and/or resell the lot(s) in any matter necessary by CJG. CJG may be a consignor of this sale and may bid on any lot(s) the company has consigned and CJG also reserves the right to include its own merchandise in this auction event. CJG 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 CJG, then CJG shall provide a complete refund to Buyer). Buyer agrees to hold CJG harmless from any and all liability arising from CJG, 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 Buyers may pay through PayPal or by major credit card. Buyers may opt to pay by American Express, Discover, MasterCard, Visa, Certified Check and/or Bank Wire Transfer. International Buyers may only pay by PayPal or Wire Transfer. If a Buyer elects to pay by a major credit card, Buyer will pay a flat fee of 2.5% in addition to the Buyer’s Premium. If a Buyer pays elects to pay through any other method other than PayPal, the Buyer must contact CJG via email at Curator@WindsorJewels.com and inform CJG of utilizing payment methods other than PayPal. If a Buyer elects to through PayPal, Buyers may do so by going to their Internet address at www.paypal.com - PayPal is the official service offered through Ebay. CJG will receive your payment and correct address, making this the most efficient method of processing your order. Please go to www.paypal.com and make payment to our account Curator@WindsorJewels.com. Once we receive payment confirmation from PayPal, we will ship within three (3) business days. Payment will only be accepted through PayPal. PayPal accepts most major credit cards, e-check and other options. If you are the winning bidder for multiple items, your items will be combined and shipped for each auction day only. Orders are generally shipped via UPS within three (3) business days after receipt of your payment. REFUND & RETURN POLICY Customer Satisfaction is our main priority. You may return your item for manufacturer’s defect and/or if the item(s) is not authentic, within three days of receipt. In the event that CJG accepts a return (at its sole direction) single or multiple order returns that exceed $1,000 in total are subject to a 20% restocking fee, plus all shipping, handling and insurance costs. Returns under $1,000.00 are subject to a 10% restocking fee, plus all shipping, handling and insurance costs. In addition, you will be responsible for all return delivery fees. Merchandise must be returned undamaged and in original condition. Refunds are generally made within THREE TO FIVE business days after CJG approves the return of item(s). CJG reserves the right to reject any return based upon “Buyer’s Remorse”. The 15% Buyer’s Premium is not subject to refund under any and all circumstances. 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. 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. LIMITATION OF LIABILITY In no event, will our liability to a Buyer exceed the purchase price actually paid for the item(s) In no event shall CJG' liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall CJG 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 CJG or CJG' agents, representatives, officers, members, managers, directors, employees and/or affiliates. SHIPPING: CJG ships internationally and we will only charge the Buyer the “actual” shipping charges applicable plus insurance costs. Shipping within the Continental U.S is $20.00 for one item up to $1000.00 per order excluding insurance. Multiple items (up to ten items -MAXIMUM of $500.00 per order) will be sent at $20.00 excluding insurance. Each item after 10 items will be charged $3.00 per item and/or combined order amount over $1000.00 will be subject to additional shipping charges. Insurance charges are based upon the air carrier's standard insurance rate. Orders above $1,000 and orders over ten items will be shipped and insured at additional cost. After full payment has been received by CJG, CJG will arrange to have your merchandise securely packaged and shipped to you at your expense via UPS (or via other air carriers deemed necessary by CJG). The cost for insured shipments above $1,000 varies depending on destination. In no event will CJG 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. 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 Florida. 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 Florida. DISPUTE RESOLUTION For any Dispute that occurs between CJG 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 Pasco, Florida. 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 CJG consents in writing, Buyers may not assign their rights or any of their obligations relating to an auction or other sale by CJG. Any assignment without CJG' 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 CJG, 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 CJG 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 CJG shall not be a waiver on any other or future occasion or affect CJG 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 the applicable Sales tax of the state you reside in. Shipping within the Continental U.S is $20.00 for one item up to $1000.00 per order excluding insurance. Multiple items (up to ten items -MAXIMUM of $1000.00 per order) will be sent at $20.00 excluding insurance. Each item after 10 items will be charged $3.00 per item and/or combined order amount over $1000.00 will be subject to additional shipping charges. CJG will combine the shipping fees for multiple purchases. See Shipping and handling fees above for detailed information. Please pay through PayPal at www.paypal.com to our account curator@windsorjewels.com We will be notified with your Payment and Address and we will ship within two (3) business days (please note if your address registered with PayPal is a P.O. Box or you want to ship to a different address you must notify us in the special notes section PayPal provides). All items are guaranteed 100% authentic and are as described or your money back. You can return items within 3 days of receiving merchandise for a full refund if NOT as described (if unworn and in the same state and condition when received). We will report all non-paying bidders to Ebay and give their accounts to a Law firm for collection. Bidding on Ebay is a binding contract and not honoring a bid could lead to suspension from Ebay and it can also ruin your credit. Please do not bid if you do not intend to honor your bid.

Local Taxes Apply