Holiday Jewelry, Estate Event

CLIFTON AUCTIONS[R1] LLC Auction Terms & Conditions: Thanks for your business. Please read this entire agreement before accepting its Terms and Conditions. Bidder Agreement and Payments. TERMS AND CONDITIONS OF SALE (All references to “we” and “us” and “our” and similar terms means Clifton Auctions[R2] LLC, its officers, directors, employees and agents, the auctioneer, and our consignors): 1. DISCLAIMER PROVISIONS.ALL ITEMS ARE SOLD AS IS, WHERE IS WITH ALL FAULTS AND LIMITATIONS. ALL SALES ARE FINAL NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR DISCLAIM ANY AND ALL, AND MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY OR VALUE 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. IN NO EVENT SHALL WE OR THE CONSIGNOR BE RESPONSIBLE FOR THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COMPLETENESS, CONDITION OF PROPERTY OR ESTIMATE OF VALUE. NO STATEMENT (ORAL OR WRITTEN). AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, A GUARANTEE OF ANY KIND, OR ANY ASSUMPTION OF RESPONSIBILITY. PLEASE NOTE THAT ALL MEASUREMENTS ARE ALWAYS APPROXIMATE. WE ATTEMPT TO CATALOG EVERY ITEM 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 ITEM. WE SUGGEST THAT ALL PROSPECTIVE BIDDERS EXAMINE ALL ITEMS IN WHICH THEY HAVE AN INTEREST. BY BIDDING ON AN ITEM, BY PHONE, ABSENTEE BID OR VIA THE INTERNET, YOU SIGNIFY THAT YOU HAVE EXAMINED THE ITEMS AS FULLY AS YOU DESIRE TO OR THAT YOU HAVE CHOSEN NOT TO EXAMINE THEM. IF YOU REQUIRE ABSOLUTE CERTAINTY IN ALL AREAS OF AUTHENTICITY, AND THE RESULTS OF YOUR EVALUATION LEAVE UNCERTAINTY IN YOUR MIND, WE RECOMMEND YOU HAVE AN EXPERT EXAMINE THE ITEM FOR YOU OR DO NOT BID ON THE ITEM IN QUESTION. WE FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ADEQUACY OF THE SOFTWARE SYSTEM OR WEBSITE PROVIDED FOR OUR ACTIONS. WE DO NOT OWN OR CONTROL THIS WEBSITE OR SOFTWARE SYSTEM AND DISCLAIM ANY AND ALL LIABILITY FOR FAILURE OF THE WEBSITE, SOFTWARE, SYSTEM OR PRODUCT INCLUDING BUT NOT LIMITED TO ANY FAILURE OF PERFORMANCE, OMISSION ERROR, SERVICE INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR ONLINE FAILURE. 2. RESERVE AUCTION AND OUR RIGHT TO BID. All of our auctions and auction items are reserve auctions, unless the auction is advertised and announced as an unrestricted sale or sale without reserve. Unless explicitly stated otherwise, all items being auctioned or available for purchase with a suggested opening bid have an unpublished reserve price and hidden from all bidders, which is the minimum selling price we are willing to accept. The opening bid is not the reserve price. We reserve the right to bid on any items. We shall act to protect the reserve by bidding in the auction process if needed. We may open bidding on any low below the reserve by placing its own bid. We may continue to bid on behalf of us up to the amount of the reserve, either by placing consecutive bids or by placing b ids in response to other bidders. 3. OUR RIGHT TO WITHDRAW AND MODIFY. We reserve the right to withdraw any item at any time before, during, or after the auction without liability. We also reserve the right to announce at any time additional conditions of sale. 4. OUR RIGHT TO REJECT. We reserve the right to reject any bid at any time and as his sole discretion. 5. FALL OF HAMMER. On the fall of the auctioneer's hammer, ownership of the offered item will pass to the highest bidder acknowledged by us, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and 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 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. REGARDING ANY PURCHASER WHO IS REPRESENTED BY A BIDDER: BIDDERS ARE PERSONALLY AND INDIVIDUALLY RESPONSIBLE FOR ANY OBLIGATIONS OF THE PURCHASER SET FORTH IN THE TERMS AND CONDITIONS OF SALE. 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 either a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) resell the property at public auction 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 here under. In the event that such a buyer pays a portion of the purchase price for any or all items purchased, we shall apply the payment received to such item or items that ours , in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees and expenses. 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. 6. BUYER’S PREMIUM. A 23% buyer's premium will be added to the hammer price on each item sold and is payable as part of the total purchase price. 7. TAXES ON YOUR PURCHASES. All sales are subject to Florida sales tax of 6%, unless purchased for resale and proper tax exemption form has been completed. The purchaser must possess a valid tax-exempt number. We must have a blanket exemption certificate with permit number and signature on any tax exempt sale. The State of Florida has no arrangement of reciprocity with any other jurisdiction and we cannot honor a Sales Tax number from any other jurisdiction[R3] . 8. PAYMENT: We accept bank wire transfers, personal or company checks, cashier's check, money order, Visa, MasterCard, Discover and American Express. Any purchase over $1000.00 requires a wire transfer payment[R4] . For items purchased online, you will be emailed an invoice within 24 hours after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact us at {561} 482-8118 or email us at info@cliftonauctions.com if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, we reserve the right to hold all purchases until the check has cleared to our satisfaction and our bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. We only accept wire transfer payments from international bidding as a form of payment[R5] . 9. NO REFUNDS OR EXHANGES. AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 15% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYER'S PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. PLEASE BID RESPONSIBLY , WE ARE AVAILABLE TO ANSWER ANY AND ALL QUESTIONS PRIOR TO THE AUCTION. 10. SHIPPING & HANDLING. We are here to help but shipping is the responsibility of the purchaser. All shipping costs are the purchaser’s responsibility. Please feel free to contact us for shipping[R6] . 11. APPRAISALS & APPRAISAL ESTIMATE Any appraisals or evaluations provided are solely for the convenience of the bidder and we make no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region, the item's insurance replacement value, or both. No price estimate or appraisal value should be considered to represent the investment or resale value of the item. Such values are to be solely based on the due diligence evaluation of the Bidder absent any estimate or appraisal value presented. 12. CONFLICTS. If any dispute occurs between a bidder and us 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 State of Florida. We 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. In the event that 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 item, 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 our actions, 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 us. 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 us 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 a bidder violates this dispute resolution provisions, in consideration of our approval of the application of the bidder to bid in any of our auctions, bidder confesses judgment to fraud having been committed by bidder against us and further agrees that bidder is liable to us for all damages, losses and costs, including time charges, resulting from such violations. 13. ADDITIONAL PROVISIONS · When a value is shown with a description it is an estimated retail replacement value. When an actual appraisal is shown with an item it will accompany the item at no additional charge. It is a third party appraisal and represents a Retail Replacement Value , which is always the most common. This type of appraisal is written for insurance needs. These appraisals are done by independent third party appraisal companies, who are GIA certified gemologists. · Appraisal value should be considered for insurance purposes only , and not for actual value , due to the fact that retail prices can vary greatly from location to location , worldwide. The appraised value represents what it would cost to replace the item with a similar item of equal quality at fair market prices. These items should not be purchased with the expectation to resell them at the appraised value, or for a profit. · Auctioneer has final discretion on sale of an item. · Please note, Ivory may not be shipped outside of the USA. · The Auctioneer’s word is final. 14. ACKNOWLEDGMENT. [R7] AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED A RETURN, CANCELLATION, OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE TO PAY A 15% RESTOCKING FEE BASED ON THE FINAL SALE PRICE (I.E. THE HAMMER PRICE) OF EACH ITEM THAT IS RETURNED PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. THIS MEANS THAT THE RESTOCKING FEE, BUYERS PREMIUM AND SHIPPING/HANDLING CHARGES ARE NEVER ELIGIBLE FOR A REFUND OR RETURN. THANK YOU FOR YOUR BUSINESS