FACTORY DIRECT FINE JEWELRY BLOWOUT

Phoenix Auctions - Terms & Conditions The following are the Terms and Conditions established by Phoenix Auctions 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 Phoenix Auctions and the Consignor's (if applicable) entire agreement with the Buyer relative to the property listed in this catalog. Any and all contents of this catalogue are subject to amendment exclusively by Phoenix Auctions by the posting of notices or by oral announcements made during the sale. Phoenix Auctions will offer the property unless the catalog 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 Phoenix Auctions guarantees that each piece offered is guaranteed authentic and as described or your money back! Item descriptions only represent an estimated opinion by Phoenix Auctions. In no way or case shall Phoenix Auctions 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 catalog descriptions and any amendments thereto reflect Phoenix Auction’s opinion of the item(s) being auctioned. 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 PHOENIX AUCTIONS unless otherwise noted in the catalog. Please note that the photos are enlarged to show detail. 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, and thin vapor deposition, which offer an enhanced appearance. ESTIMATES Quoted estimated upon 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. 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 Buyers Premium. Sales tax is only void if Buyer furnishes PHOENIX AUCTIONS a valid resale permit. WITHDRAWAL We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal. PHOENIX AUCTIONS reserves the right to cancel any sale if the company deems an item to be incorrectly described or not authentic based upon information it may receive from independent third party appraisers. BIDDING PHOENIX AUCTIONS 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 PHOENIX AUCTIONS' 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 PHOENIX AUCTIONS must receive payment within 5 working days of the end of auction. If payment is not received within 5 days, you will automatically be in default and your right to the item(s) may be automatically be forfeited. PHOENIX AUCTIONS will then automatically file a Non-Paying Bidder Alert to Ebay (as required). PHOENIX AUCTIONS will also file for Final Value Fees with eBay (as required). You must notify us by e-mail of any special circumstances that would delay you from meeting our payment policy requirements. BIDDER REGISTRATION PHOENIX AUCTIONS accepts International Bidders. Prospective Buyers are required to register prior to the auction. Registration is available online at ebayliveauctions.com. ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS PRIOR TO BIDDING. Any questions shall be directed to PHOENIX AUCTIONS 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. Absentee bidding closes two hours prior to start of auction. RESERVE Lots offered are subject to a reserve, which is the minimum price acceptable to PHOENIX AUCTIONS. 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 and handling 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, PHOENIX AUCTIONS 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, PHOENIX AUCTIONS 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 PHOENIX AUCTIONS. PHOENIX AUCTIONS may cancel any sale in which the Bidder Applet malfunctions. Buyer personally guarantees the payment of the item(s) for this sale. If PHOENIX AUCTIONS deems that a Buyer is in default, PHOENIX AUCTIONS 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 PHOENIX AUCTIONS and/or resell the lot(s) in any matter necessary by PHOENIX AUCTIONS. PHOENIX AUCTIONS may be a consignor of this sale and may bid on any lot(s) the company has consigned and PHOENIX AUCTIONS also reserves the right to include its own merchandise in this auction event. PHOENIX AUCTIONS 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 PHOENIX AUCTIONS, then PHOENIX AUCTIONS shall provide a complete refund to Buyer). Buyer agrees to hold PHOENIX AUCTIONS harmless from any and all liability arising from PHOENIX AUCTIONS, 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 pay by PayPal or Bank Wire Transfer and/or Credit Card. If a Buyer elects to pay through PayPal, Buyers may do so after receiving a final email invoice from PHOENIX AUCTIONS. Do not process payment through PayPal until you receive an email invoice from PHOENIX AUCTIONS. Once PHOENIX AUCTIONS receives payment confirmation from PayPal, we will ship within seven to 10 (7-10) business days. COMBINED SHIPPING If you are the winning bidder for multiple items, your items will be combined and shipped together provided that you notify PHOENIX AUCTIONS of your intention to attend consecutive auctions. REFUND & RETURN POLICY Customer Satisfaction is our main priority. You may return your item for manufacturers defect and/or if the item(s) is not authentic, within three days of receipt. In the event that PHOENIX AUCTIONS accepts a return (at its sole direction) single or multiple order returns 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. The Buyers Premium is not refundable. Refunds are generally made within THREE TO FIVE business days after PHOENIX AUCTIONS approves the return of item(s). PHOENIX AUCTIONS reserves the right to reject any return based upon Buyers remorse. The 15% Buyers 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. If you are not satisfied with your purchase, please contact our office to discuss the matter. 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. BIDS PLACED BY MISTAKE If you place a bid by mistake and win the item, you will be liable to pay the 15% Buyer's Premium. It is important that you safeguard your eBay account information and not allow others to have access to this sensitive information. In addition, do not click on the bid button unless you plan to honor your bid, as you are bidding against other bidders and as such, if you win an item you will be required to pay the 15% Buyer's Premium. 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 PHOENIX AUCTIONS' liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall PHOENIX AUCTIONS 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 and/or sale. SHIPPING: PHOENIX AUCTIONS ships internationally and we will only charge the Buyer the actual shipping charges applicable plus insurance costs. DOMESTIC SHIPPING: Please review shipping costs as disclosed within the item description. 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 North Carolina. 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 North Carolina. DISPUTE RESOLUTION For any Dispute that occurs between PHOENIX AUCTIONS 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 State of North Carolina. 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 PHOENIX AUCTIONS consents in writing, Buyers may not assign their rights or any of their obligations relating to an auction or other sale by PHOENIX AUCTIONS. Any assignment without PHOENIX AUCTIONS 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 PHOENIX AUCTIONS, 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 PHOENIX AUCTIONS 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 PHOENIX AUCTIONS shall not be a waiver on any other or future occasion or affect PHOENIX AUCTIONS right to insist on strict performance of all other provisions. Please do not bid if you do not intend to honor your bid.