Harper's CDJ Holiday Sale

Welcome to Harper's Coins Diamonds Jewelry APPLICATION By bidding in this auction you acknowledge that you, Buyer (or Bidder, or winning Bidder, or Purchaser, each of which four terms may be used interchangeably), hereby agree to be bound by all of the terms and conditions of this auction as described or any lot listing and these Harper's Coins Diamonds Jewelry GENERAL TERMS AND CONDITIONS. These terms and conditions and the information contained in any lot listing constitute the entire agreement between Buyer and Harper's Coins Diamonds Jewelry (Harper's CDJ). These terms and conditions and the information contained in any listing may only be changed by Harper's CDJ. By participating in this auction, Buyer acknowledges that Buyer is bound by these terms and conditions and the information contained in any listing. Harper's CDJ, Harper's Coins Diamonds Jewelry or any pronoun referring to it also refers to Harper's Coins Diamonds Jewelry Auction House, Harper's Coins Diamonds Jewelry Auction representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates. In the event of a conflict between these Harper's Coins Diamonds Jewelry TERMS AND CONDITIONS and the contents of any listing, any invoice, or any Auction Venue General Terms and Conditions, these General Terms and Conditions shall supersede and govern. LOT DESCRIPTIONS Harper's Coins Diamonds Jewelry believes to the best of its knowledge that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. Harper's CDJ makes no warranties of any kind related to the information presented in any listing. Harper's CDJ further makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. Photos other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot. BUYER'S PREMIUM A Buyer's premium amounting to 10% of the winning bid amount will be added to the purchase price of each lot. PRICE ESTIMATE High and low estimates are provided solely for comparison purposes and Harper's CDJ makes no warranties of any kind relating to them. PLACEMENT AND ACCEPTANCE OF BIDS Harper's CDJ reserves the right to accept or reject any bid for any reason whatsoever, at any time before, during or subsequent to any auction. Any and all bids made by a Bidder constitute irrevocable offers to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. At the close and reconciliation of the auction, Harper's CDJ shall determine the actual winning Bidder of each lot and may, in its sole discretion, reflect as sold to any lower Bidder any duplicate item that may be available at the Bidder's maximum bid on the lot. In the event of any dispute between bidders, or in the event of doubt on Harper's CDJ part as to the validity of any bid, Harper's CDJ will have the exclusive final discretion to determine the successful Bidder, cancel the sale, award the lot to the next highest Bidder or Bidders or to re-offer and resell the lot in dispute and Harper's CDJ is not responsible for any errors or omissions in connection therewith. Unless a sale is announced as being "without reserve," Harper's CDJ reserves the right to protect any reserve price by placing and advancing floor bids up to the amount of the reserve. Harper's CDJ may also place bids on behalf of any buyer or seller, bid for its own account or remove any lot from sale without notice at any time. Any bid entered by a Bidder shall be determined in the sole discretion of Harper's CDJ to have exceeded or not to have exceeded any reserve. In consideration of Harper's CDJ's approval of the application of the Bidder to bid in Harper's CDJ's auction, Bidder agrees to comply with and be specifically bound by the provisions of this paragraph. IDENTIFICATION - All purchasers are required to fully complete registration, including Full Name, Address, Phone, Email. Drivers License Number may be requested for confirmation of address and identification. PLEASE MAKE SURE ALL INFORMATION IS ACCURATE & TO-DATE AT THE TIME OF REGISTRATION, ESPECIALLY EMAIL AND ADDRESS INFORMATION. Harper's Coins Diamonds Jewelry will not be held responsible for any delays or losses due to false information provided at the time of registration. PAYMENT Payment is available via PayPal, Visa, MasterCard & Discover. Check payment must clear before delivery. Bank Wire is also available--contact us for details at end of sale, 856-983-2400. NON-PAYMENT The Bidder is a Non-Paying Bidder (NPB) if the Bidder has not met the requirements of PAYMENT above. Following 30 days after sale, Harper's CDJ, at its sole option, may convert the unpaid transaction with the NPB to an authorized return and instead bill the NPB the specified restocking fee. Any such restocking fee will then, itself become fully collectible from the Bidder under all of the relevant provisions of these General Terms and Conditions. Payment of any restocking fee does not give the NPB the right to receive auction items. RETURNS All sales are final, no lots are sold on approval; placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. Harper's CDJ is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of Harper's CDJ and are in Harper's CDJ's sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 4 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in Harper's CDJ 's sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer's cost. Any unauthorized returns will be refused. DELIVERY REFUSAL OF ITEMS SHIPPED BY Harper's Coins Diamonds Jewelry TO THE BIDDER CONSTITUTES AN UNAUTHORIZED RETURN IN DIRECT VIOLATION OF THESE GENERAL TERMS AND CONDITIONS. DISPUTE RESOLUTION If any dispute occurs between Buyer and Harper's CDJ 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 Jersey. Harper's CDJ 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. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a court of law. The parties agree 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 not 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 signing up to participate in a Harper's CDJ 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 Harper's CDJ. 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 Harper's CDJ 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 Bidder violates this dispute resolution provisions, in consideration of Harper's CDJ's approval of the application of the Bidder to bid in Harper's CDJ's auction, Bidder confesses judgment to fraud having been committed by Bidder against Harper's CDJ and further agrees that Bidder is liable to Harper's CDJ for all damages, losses and costs, including time charges, resulting. LIMITATION OF LIABILITY In no event shall Harper's CDJ's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall Harper's CDJ 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 Harper's CDJ or Harper's CDJ 's agents, representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates. BINDING CONTRACT 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 Harper's CDJ. In the event that any reserve price of a lot is not exceeded by any Bidder's bid Harper's CDJ, 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 Harper's CDJ and are not disclosed to Bidder's unless specifically stated as such during bidding. In the placing of any bid the Bidder understands and agrees that the bid placed, once accepted by Harper's CDJ, will be the winning bid if there is no higher bid by another bidder. All bids are binding, irrevocable and non-cancelable by Bidder. There are no provisions for the placing of bids to "mark the lot" or to "test the system", etc. and any requests to cancel bids on these bases, or due to a Bidder not reading a listing, not being familiar with the bidding platform, not doing proper due diligence or failing to maintain proper control over Bidder's bidding terminal, bidding by mistake and the like will be denied. Such requests to cancel bids are null and void and will not excuse Bidder from Bidder's legal and contractual obligation to complete a transaction. If you are the successful Bidder, you agree to pay the amount of your bid plus all applicable taxes and charges in the time and manner designated by the Harper's CDJ. Failure to make such payment shall be deemed to be a breach of these general terms and conditions, and, in addition to all other rights and remedies Harper's CDJ may have under applicable law, you will be charged a re-stocking fee on transactions equal to (a) 15% of the amount of your invoice, plus $30; or (b) the cost associated with re-marketing and re-selling the lot, whichever is greater. Bidder is responsible for any and all costs associated with collection of amounts owing from the Bidder, until collected; and Harper's CDJ reserves the right to bill and collect any such costs from Bidder. Costs associated with collection may include, but are not limited to, time charges, incidental expenses, attorney fees and costs associated with the use of a collection agency. And, Harper's CDJ may direct the Bidder to pay any third-party collection assistance directly for their services. The winning Bidder's failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action. These terms and conditions and each listing contain all of the provisions applicable to the agreement between Harper's CDJ as seller and each Bidder. The provisions of these terms and conditions and of each listing supersede all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. These terms and conditions and provisions of each listing shall be binding on Buyer's heirs, beneficiaries, executors, successors and assigns. SEVERABILITY 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. ASSIGNMENT Any assignment without Harper's CDJ 's written authorization will be void. VENUE These terms and conditions, the contents of any listing and the contractual relationship between Harper's CDJ and any Buyer shall be interpreted under and governed by the laws of the State of New Jersey DISCLAIMER All property is sold "AS IS," and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Harper's CDJ may attempt to describe the merchandise in advertising and on the Internet but makes no representations. In no event shall Harper's Coins Diamonds Jewelry be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not physically present understand and acknowledge that they may not be able to inspect an lot as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Harper's CDJ shall endeavor to describe in detail each lot and any pertinent information about it. Harper's Coins Diamonds Jewelry will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the lot itself. Bidder agrees that everything is sold as is and that they may not return any lot they purchase. Under no circumstances shall Bidder have any kind of claim against Harper's CDJ or anyone else if the internet service fails to work correctly before or during the live auction. Harper's CDJ will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the absentee bidding feature and leave their maximum bid before the auction begins. Harper's CDJ reserves the right to withdraw or re-catalog lots in any auction. For any further questions about the above terms please call us at 856-983-2400 or visit our website. Registering in our auction and/or placing of a bid shall constitute acceptance of the preceding terms and conditions. Revised 2012-10

7% New Jersey Local Sales Tax Applies