Fine Jewelry, Bags, Watches & Gem stones

BIDDER AGREEMENT-Terms and Conditions with DIAMOND N JEWELRY AUCTIONEERS, INC. (?the Company?): The Bidder acknowledges and agrees to the following: We are the 100% Authentic Auction House Specialized in Fine Jewelry, Rolex Watches, Luxury Bags, Rare Gem stones, GIA certified Diamonds, Silver Jewelry. All our Jewelry Pieces are made in USA and Certified. We offer Free Sizing of the rings and shipping at very low cost. We have very rare pieces such as Paraiba Tourmaline, Alexandrite, Ruby, etc. All our Watches are 100% Authentic with certificates. We offer 2-3 years warranty for Rolex. We also offer the option to ship the watch directly from authorized Rolex Showroom after testing. These are 100% Natural Diamond with GIA Certificate and GIA Serial Number Inscribed on the diamond These are raw picture of the stone. All our stone is natural and comes with Independent GIA Graduate Gemmologist report on request at no extra cost We use entropy device which is a worldwide authentication service and include authentication certificates with most bags. We have been in this business for many years and all we can guarantee is that all our products are 100% authentic and if you have any authorized store for each brand that says it is not, we will offer a full refund guaranteed upon return of the product. We do not deal in defective or fake goods. 1 The Company, nor any consignor, as applicable, make any representations and or warranties of any kind or nature with regard to the property being sold or its value, and in no event shall be responsible for the correctness of description, genuineness, provenance, authenticity, authorship, attribution, and or completeness, estimates of value or condition of the property. All appraisals, estimates or evaluations provided are solely for the convenience of the bidder and this Company does not make any warranties of any kind relating to them. Appraisals may include valuations that reflect the full, higher price at retail of an item in a specific geographic region. The term estimates or estimated value as used herein may be an arbitrary value and may not represent an actual retail value or insured replacement value or cost of similar goods. Also no appraised value should be considered to represent the actual resale value, insurance replacement value, or cost of similar goods. No statement whether oral or written shall be deemed to be such a warranty or representation, or any assumption of responsibility in no circumstances will a vastly different appraisal or estimate of any third party given on behalf of a purchaser in any Company conducted auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs. 2 All items are sold AS IS, WHERE IS, WITH ALL FAULTS, ALL SALES ARE FINAL. NO REFUNDS AND NO EXCHANGES ARE ACCEPTED. THE COMPANY, AND ANY CONSIGNOR AS APPLICABLE, 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 this Company and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, material or any other feature of items being sold. The Company believes that to the best of its knowledge information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. The Company 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 the prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, the bidder signifies that he/she has examined the items as fully as can be done to his/her satisfaction and have asked questions and received answers from the Company that are deemed adequate. If the bidder requires absolute certainty in all areas of authenticity, and the results of the evaluation leave uncertainly in the bidder?s mind, do not bid on the lot in question. The Company is not affiliated with any government entity and not all of the items sold were seized. Items sold by us are sourced from multiple channels and sources and there are no assurances that any of the items being sold have been seized. The Company is not authorized dealers of Rolex, Cartier or other watch brands that are sold at auction. We carry mostly pre-owned watches from secondary markets in exceptionally excellent condition. We guarantee you that the timepieces we sell are all authentic, unless otherwise stated where there are custom diamond parts including diamond bezels, diamond dials and/or diamond bands. We do not sell replicas of any kind. Diamonds used in the custom parts of watches are of top quality. An appraisal certificate is provided for every fine timepiece or jewelry purchased. Valuation may be based between actual purchase amount and its retail list price. In some cases, the item purchased may include its Original Warranty Certificate in the case of watches and Original Laboratory Certificate in the case of diamonds. Diamond or other precious or semi -precious stone jewelry is generally appraised by independent third parties such as GIA International or other similar associations or organizations. The appraisals are not intended as any warranties or representations of fact by this Company. 3 In no event shall the Company?s liability for any breach or act or omission exceed the Purchase Price actually paid by the buyer, and in no event shall the Company have any liability under any circumstances for special, indirect, incidental or consequential damages including for loss of profits or revenue, costs of obtaining alternative goods, claims of customers of buyer or otherwise whether in contract, tort, negligence, strict liability or otherwise, arising out of or resulting from or in any way relating to the lot or its purchase price, sale, delivery or not delivery or the acts or omissions of the Company. 4 The successful bidder is the highest bid acknowledged by the Company pursuant to provision UCC-2-328 of the Uniform Commercial Code. The Company, and consignors, reserve the right to bid on any lots. Unless specifically stated otherwise, all lots are subject to reserve price that shall be hidden from bidders. The Company shall act to protect the reserve by bidding in the auction process if need. The Company may open bidding on any lot below the reserve by placing its own bid. The Company may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. In the event of any dispute between the bidder or in the event of any doubt by the Company as to the validity of any bid, the Company will have the final discretion to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises, after the sale, the Company?s sale record is conclusive of the event. While the Company will make every effort to guarantee accuracy, in the event of a mistake on the part of the auctioneer, and a lot is accidently declared sold by mistake of the auctioneer, the Company reserves the right to cancel the sale and relist the lot in its sole discretion. Bids may be received by the Company through the internet, telephone, facsimile or e-mail. Bidding through any of those methods are only available to pre-qualified bidders or resellers. If you desire to qualify as a qualified dealer, you may contact one of the specialists at the Company to receive an application. Approval as a qualified dealer is at the sole discretion of the Company and requires a bank approved line of credit that is reviewed and approved by the specialist at the Company. Reserves-- Some of the lots in this sale are offered subject to reserve. The reserve is a confidential minimum price below which the lot will not be sold or agreed upon by the consignor and the Company. In most cases the reserve will be set below the estimated range, but in no case, will it exceed the estimates listed. A representative of the Company will execute such reserves by bidding for the consignor. In any event and whether or not a lot is subject to a reserve, the auctioneer may reject any bid or raise the bid not commensurate with the value of said lot. PLEASE READ: This auction permits bids to be placed by the auctioneer, employees of the auctioneer or by the seller or agent of the seller in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing you, the bidder, with clear notice of disclosure. 5 The bidder assumes full responsibility for the items at the fall of the hammer or expiration of time in an online auction. A bid entered by mistake on the part of the bidder is not grounds for a cancellation of the bid or sale. Each bidder is responsible for his/her own account and bids. By allowing access to another who enter a bid without your knowledge will not be rounds for a rescission of the bid or bids. Any bid made on your account will bind you on the bid in accordance with these terms and conditions. If any 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 6 All bids are subject to a non-refundable 18% buyer?s premium which shall be added to a successfully placed bid upon sale of each lot, and any applicable local sales tax, and shipping and handling charges that are more fully described in the section entitled ?Shipping and Handling? in this Agreement. Except for promotional or special offers, the buyer?s premium will be zero plus shipping and handling. For all residents of California or shipments to California, 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 acquiring merchandise pursuant to a valid Resale License will need to provide appropriate documentation for removal of state sales tax. 7 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 the Company. In the event that any reserve price of a lot is not exceeded by any bidder?s bid, the Company in its sole discretion with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of the Company and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid once accepted by the Company will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve is exceeded by the bid. All bids are binding, irrevocable and non-cancellable by bidder. The Company has final discretion on sale of a lot. The decision of the Company is final. In the unlikely event that we lose our internet connection or items have inappropriate data due to technical errors in the system such as i