Weekly Auctions of Exceptional Items
DoneThu, Aug 15, 2019 3:00 PM '
20 W. 37th St.
New York, NY 10018
Fine, Signed Jewelry and Timepieces
An Exquisite Collection of Pre-Owned Diamond Engagement Rings, Settings, Fine, and Designer Jewelry, Plus Vintage Timepieces.
Preview on 08/09 thru 08/15, or available for preview at www.liveauctioneers.com
20 W. 37th St.
New York, NY 10018
Terms & Conditions
*****IMPORTANT PLEASE READ***** This agreement binds you to arbitration and by agreeing to the terms herein you are giving up your right to bring a lawsuit against Worthy, Inc. TERMS AND CONDITIONS OF SALE 1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE 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 Worthy, Inc, 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. Worthy, Inc 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. Worthy, Inc attempts to catalogue every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalogue 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 Worthy, Inc 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. 2. Neither Worthy, Inc nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder and Worthy, Inc makes 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 terms Estimate or Estimated Value (collectively "Estimate") as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed 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 a Worthy, Inc auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs. 3. In no event shall Worthy, Inc?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 Worthy, Inc 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 Worthy, Inc. 4. The successful bidder is the highest bidder acknowledged by Worthy, Inc. In the event of any dispute between bidders, or in the event of doubt on Worthy, Inc?s part as to the validity of any bid, Worthy, Inc 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, Worthy, Inc?s sale record is conclusive. While Worthy 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, Worthy, Inc reserves the right to cancel the sale and relist the lot in its sole discretion. Bids may be received by Worthy, Inc through the internet. 5. 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. 6. All bids are subject to (i) a 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" below (collectively, the "Purchase Price"). For all residents of New York and Utah or shipments to New York or Utah, 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. Buyer's Premium is as follows per item(s)/Lot #, not per invoice total: 15% 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 Worthy, Inc. In the event that any reserve price of a lot is not exceeded by any bidder's bid, Worthy, Inc, 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 Worthy, Inc 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 Worthy, Inc, 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-cancellable by bidder. Worthy, Inc has final discretion on sale of a lot. The decisions of Worthy, Inc are final. In the unlikely event that we lose our internet connection, Worthy, Inc reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 8. PAYMENT: We accept ACH (Preferred Method) and personal / bank check. For items purchased online, you will be emailed an invoice the Monday or Thursday after the auction is completed, whichever comes first. This email provides bank wire transfer and check information. It is your responsibility to contact Worthy, Inc at +1.888.222.0208 or email Worthy, Inc at firstname.lastname@example.org once the transfer has been completed. If paying by check, Worthy, Inc reserves the right to hold all purchases until the check has cleared to the satisfaction of Worthy, Inc and its bank. 9. NON-PAYMENT. IF THE BUYER DOES NOT MAKE FULL PAYMENT FOR THE PURCHASES WITHIN THE TIME REQUIRED, WORTHY, INC IS AUTHORIZED IN THEIR ABSOLUTE AND SOLE DISCRETION TO EXERCISE ONE OR MORE OF THE FOLLOWING REMEDIES, IN ADDITION TO OTHER REMEDIES AVAILABLE TO WORTHY, INC AND THE CONSIGNOR BY LAW: WORTHY, INC IS AUTHORIZED TO: (A) HOLD THE BUYER LIABLE FOR THE TOTAL PURCHASE PRICE; (B) CANCEL THE SALE; (C) RESELL THE PROPERTY AT PUBLIC AUCTION OR PRIVATE SALE WITH TERMS THAT WORTHY, INC DEEMS APPROPRIATE; (D) TO RESELL THE PROPERTY AT PUBLIC AUCTION WITHOUT RESERVE AND THE BUYER SHALL BE LIABLE FOR ANY DEFICIENCY, COST, HANDLING CHARGES AND THE EXPENSES OF BOTH SALES AND THE COMMISSIONS ON BOTH SALES; (E) TO OFFSET THE FULL PURCHASE PRICE AGAINST ANY AMOUNT OWED BY WORTHY, INC TO THE BUYER; (F) TO NOT ALLOW ANY BIDS AT ANY UPCOMING AUCTIONS BY OR ON BEHALF OF THE BUYER; AND (H) TO TAKE OTHER ACTIONS AS WORTHY, INC FIND NECESSARY AND APPROPRIATE. THE BUYER GRANTS WORTHY, INC A SECURITY INTEREST IN ANY PROPERTY IN WORTHY, INC?S POSSESSION WHICH IS OWNED BY SUCH BUYER AND WORTHY, INC IS AUTHORIZED TO HOLD SUCH PROPERTY AS COLLATERAL SECURITY FOR SUCH BUYER'S OBLIGATIONS. BUYER SHALL BE LIABLE TO WORTHY, INC FOR ALL OTHER CHARGES INCURRED AS A RESULT OF BUYER'S NON-PAYMENT, INCLUDING ATTORNEY FEES, EXPENSES AND INCIDENTAL DAMAGES. WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION. 10. Worthy, Inc reserves the right to reject any bid at any time and at his sole discretion. Worthy, Inc 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. Worthy, Inc reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 11. 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 Worthy, Inc 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 Worthy, Inc 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 Worthy, Inc, 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, Worthy, Inc shall apply the payment received to such lot or lots that Worthy, Inc, 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 20% 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. 12. At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. While LiveAuctioneeers unified user agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder. Worthy, Inc, and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. Worthy, Inc shall act to protect the reserve by bidding in the auction process up to the undisclosed reserve amount. Worthy, Inc will open bidding on any lot below the reserve by placing its own bid(s). Worthy, Inc will continue to bid on behalf of itself up to the amount of the undisclosed reserve, either by placing consecutive bids or by placing bids in response to other bidders. 13. If any dispute occurs between a bidder and Worthy, Inc 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 New York. Worthy, Inc 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 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 Worthy, Inc 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 Worthy, Inc. 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.. In the event that Bidder violates this dispute resolution provisions, in consideration of Worthy, Inc's approval of the application of the bidder to bid in Worthy, Inc's auction, bidder confesses judgment to fraud having been committed by bidder against Worthy, Inc and further agrees that bidder is liable to Worthy, Inc for all damages, losses and costs, including time charges, resulting. . 14. The bidder hereby waives, releases, remises, acquits, and forever discharges Worthy, Inc 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. Worthy, Inc or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. 15. 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. 16. These terms and conditions, the contents of any listing and the contractual relationship between Worthy, Inc and any bidder shall be interpreted under and governed by the laws of the State of Arizona. 17. For all items, hammer prices are subjected to consignors and vendors approval. **IMPORTANT - PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. SHIPPING & HANDLING Shipping Terms: All domestic packages within U.S. shipping time frame are 10-12 business days. Shipping Fees will be included on your invoice. US DOMESTIC ONLY: Shipping fee: $25 flat fee with a pass-through cost for insurance based on FedEx calculations. INTERNATIONAL SHIPPING: Shipping fees will be as per the carrier for your location, plus all taxes, duties, customs, insurance and other costs to be paid by the Buyer and are not the responsibility of Worthy. Shipping fees may change depending on location. . NOTICES & DISCLAIMERS REGARDING SPECIFIC ITEM TYPES Regarding Appraised Jewelry, Watches and Loose Stones - Worthy, Inc sends most 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 auctions, 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 Worthy, Inc 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. For all items, hammer prices are subjected to consignors and vendors approval. 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 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 Worthy, Inc. Our appraisals are conducted by independent third-party appraisal firms. Such firms may be certified GIA Graduate 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 or insurance purposes. 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 Worthy, Inc 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 Worthy, Inc. 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. *****IMPORTANT PLEASE READ***** ALL PAYMENTS NEED TO BE SETTLED IMMEDIATELY AFTER THE AUCTION. KINDLY PROVIDE A VALID PHONE NUMBER AND EMAIL FOR Worthy, Inc TO CONTACT YOU AFTER YOUR WINNING BID. Please contact us at email@example.com for any further enquires.
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