Beverly Hills Fine Jewelry - Holiday Auction

BEVERLY HILLS JEWELRY AUCTIONS TERMS & CONDITIONS Please read these Terms and Conditions carefully before bidding. The following terms and conditions are applicable to anyone who places a bid when bidding with BEVERLY HILLS JEWELRY AUCTIONS (hereafter "BHJA", "Seller" and "Auctioneer"). Anyone who places a bid (hereafter "Bidder" or "Buyer") is subject to the terms and conditions set forth by BHJA. By bidding with BHJA, Bidder acknowledges and hereby agrees to be obligated by all of the terms and conditions of this auction as described, or any lot listing and these terms and conditions. The terms and conditions and the provisions of each listing shall be binding on Buyer's successors, heirs, executors and assigns. THE AUCTIONEER BHJA is the Auctioneer. The Auctioneer has the right to accept and/or reject all bids. The Auctioneer shall forthwith adjudicate any disputes concerning the manner in which the bids are made or received. Auctioneer's decision shall be final, absolute and binding on all parties. DESCRIPTION OF LISTINGS AND LOTS BHJA shall exercise reasonable care to describe in detail each listing and any pertinent information about it. Graphic materials such as photographs or photos depicted in any listing or lot may be stock presentations and not necessarily the specific lot. BHJA 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 listing itself. BHJA makes no warranties of any kind, express or implied, related to the description or information in any listings or lots (See "DISCLAIMER" below). It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Bidder is solely responsible for conducting his or her own investigation before placing a bid. By placing a bid Bidder agrees, acknowledges and consents that Bidder has investigated the lot or listing to his or her satisfaction. BUYER'S PREMIUM A Buyer's premium amounting to 15% of the winning bid amount will be added to the purchase price of each lot. THE LISTING The Auctioneer reserves the right to place a floor bid, also known as a "Reserve". Reserve prices are always the confidential information of BHJA and are not disclosed to Bidder unless specifically stated as such during bidding. A listing will not include information containing the reserve price. In placing a bid, Bidder understands and agrees that the bid placed will be deemed the winning bid, if there is no higher bid by another Bidder and provided that the reserve of the lot or item, if any, is met or exceeded by that bid. In the event that any reserve price of a lot is not exceeded by any Bidder's bid - BHJA, 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. BHJA reserves the right to withdraw or re-catalog lots and listings. PLACEMENT AND ACCEPTANCE OF BIDS The placing of a bid shall be treated as an acceptance of the terms and conditions stated herein. BHJA reserves the right to accept or reject any bid for any reason at any time. 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, BHJA 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. Where a dispute may arise between Bidders, or in the event a doubt arises as to the validity of the bid, BHJA retains exclusive control and discretion to determine the successful Bidder, cancel the sale, award the lot the next highest Bidder or to re-offer and resell the lot in dispute. Placing a bid is the acceptance of the terms and conditions set forth herein. Internet bidders who desire to secure that their bid is acknowledged should use the proxy-bidding feature offered and place their maximum bid 24 hours before the auction begins. BINDING CONTRACT A bid placed by a Bidder is binding, ratified, irrevocable and fixed. There are no provisions excusing or canceling the placing of bids. Accordingly, any requests to cancel bids will be denied, including but not limited to, scenarios involving a Bidder not reading a listing, not being familiar with the functions of the bidding platform, not exercising proper due diligence, not maintaining control over Bidder's bidding terminal, bidding by inadvertence or mistake, Bidder attempting to "test the market" or "mark the lot." The scenarios outlined herein are not to be treated as an exclusive list and such requests to cancel bids will be denied, treated as null and void, and will not insulate Bidder from meeting its legal and contractual obligation to fulfill and conclude the transaction. Bidder placing a bid on any item or lot establishes an irrevocable offer by Bidder to enter into a binding contract to purchase the lot or item in accordance with the specific provisions of the listing and the terms and conditions as specified herein. This applies to any Bidder who places a bid placed - even if a higher bid is ultimately accepted by BHJA. Winning Bidder agrees to pay the amount of the bid placed in addition to all applicable taxes, premiums, and charges in the time and manner designated by BHJA. By bidding, the Bidder further agrees to BHJA's shipping and handling policy and charges, whether known or unknown to the Bidder at the time of bid (See "SHIPPING" below). Failure to make such payment shall be treated as a breach of the general terms and conditions, and, consequently, Bidder will be charged a re-stocking fee on transactions equal to (a) 15% of the amount of winning Bidder's invoice, plus $30; or (b) The cost associated with re-marketing and re-selling the lot, whichever is greater. The winning Bidder's failure to fulfill its obligation in completing the purchase in accordance with the terms provided herein and in the listing will expose Buyer to the following, or any combination thereof, disciplinary actions: (a) Elimination of all future bidding privileges on the hosting site; (b) Credit agency reporting; (c) Legal or collection action. In addition, Bidder acknowledges and agrees that Bidder is responsible for any and all costs associated with collection of amounts owing to Bidder, until collected in complete satisfaction, and BHJA is entitled to collect any such costs from Bidder. Costs expended with collection may include, but are not limited to, time charges, incidental expenses, attorneys' fees and costs, retaining a collection agency. BHJA may direct the Bidder to compensate any third-party collection vendor directly for their services. The terms and conditions and each listing or lot contain all of the provisions applicable to the agreement between BHJA as seller and each Bidder and supersedes all prior understandings, oral discussions, promises, or earlier agreements. All modifications to the Terms and Conditions and to any listing must be in writing and signed by both BHJA and Bidder/Buyer. By bidding, Bidder further agrees that in the event of any dispute arising between BHJA and Bidder that cannot be resolved informally the parties agree to binding arbitration (See "DISPUTE RESOLUTION" below). PAYMENT BHJA will invoice Buyer of the winning bid amount, Buyer's premium and shipping/handling charges (if any) at the time the auction has ended. Full payment must be received by BHJA within seven (7) days from the date that the auction has ended. BHJA shall hold item(s) purchased until payment in full has been received. BHJA further reserves the right to hold the item(s) until funds have cleared the bank. Even if the item is paid in full, BHJA reserves the rights to withhold shipping the item from that particular auction if the Bidder has any balances with BHJA from other, previous auctions which are not in compliance with the provisions of this section until such balance is paid in full satisfaction and the funds have cleared. An 8.75% sales tax applies to California residents. BHJA accepts the following forms of payment: - PayPal: You can use your Bank Account or Major Credit Card as a source of funds through PayPal. - Cashier's or Bank Checks and Money Orders: must be made payable in U.S. Dollars to "Beverly Hills Jewelry Auctions" and must be drawn and cleared with a US bank. Please be advised that purchaser or winning Bidder agrees to pay BHJA a handling charge of $50 for any check dishonored by the drawee. - Major Credit Cards (VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER): If no credit card is on file, Purchaser or Winning Bidder will be directed to BHJA's credit card payment website to process credit card information. Purchaser or Winning Bidder authorizes BHJA USA, Inc. to charge the credit card currently or previously on file as provided by the Bidder. Please be advised that a $50 handling fee will be assessed for each declined credit card transaction and payment shall be made to BHJA as a result. - International Customer: BHJA accepts wire transfer or cashier's check, made payable in U.S. Dollars, and must be drawn and cleared with a United States bank. Customers are fully responsible for all custom duties and taxes (See "SHIPPING" below). NON-PAYMENT In the event that Buyer does not furnish payment for the listing or lot after seven (7) days from the date the auction has ended, the item may not be available for sale thereafter and the listing or lot may be subject for immediate cancellation (See "BINDING CONTRACT" above for further details). Seller reserves the right to initiate an Unpaid Item Dispute after 10 days. SHIPPING BHJA will ship primarily by USPS priority mail within seven (7) business days following credit of the Bidders payment to Seller's account. No items will be shipped to any Bidder for any particular auction until all applicable charges for the auction have been paid in full and that such funds have been cleared. Requests for expedited shipping and/or private carrier may be accommodated at Seller's sole discretion and Buyer acknowledges that additional shipping and handling charges may apply. BHJA reserves the right to use its sole discretion to combine multiple items in order to reduce shipping charges. BHJA's responsibility or liability to damage to or loss of any shipment ends once the item has been tendered to the United States Postal Service, or any other shipping enterprise for delivery. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process or the carrier and acknowledges that insurance may be subject to limitations which are not the responsibility of BHJA. International Customer: For shipments that have a destination outside of the continental United States, BHJA will ship items using USPS International Express, and insurance coverage may be limited. Therefore, it is the foreign Bidder's sole obligation to advise and communicate to BHJA any alternate shipping methods or arrangements, in such an event, to increase insurance coverage. BHJA will not be liable for any shortfall of insurance either on foreign shipments or the non-coverage of additional invoice charges exceeding bid amounts. Foreign Bidders are solely responsible for the compliance with all import and export requirements of the items they purchase, both outside of the United States and into their country of delivery. Accordingly, all duty and customs fees, if any, are the responsibility of the Buyer. All shipments must be declared as merchandise and the full purchase price paid in order to be eligible for proper insurance coverage and be in compliance with international shipping laws. Canada Residents: Any purchased item(s) labeled "Made In USA" is declared as such on the declaration form(s), and accordingly in such an instance Buyer is excluded from having to pay duty fees, and pays only custom fees. RETURNS Buyer shall have 7 days from the date the item is received to return the item. Buyer pays for return shipping. All items must be in their original condition, packaging, and with all materials and certification (if included). Refund will be less Buyer's Premium and any transaction processing fees (if any) will be deducted from Buyer's overall refund. Refund will be issued within 24-48 hours of receipt, after passing quality control inspection. Items are not refundable if their tags have been removed. Insurance claims for loss or damage of returned items are the responsibility of the Buyer. Any returns sent after 7 days from the original receipt date will not be accepted. If an item does not pass quality inspection Seller retains the right to deny any refund and the item will be returned to the Buyer at Buyer's expense. Delivery Refusal of items shipped by BHJA to the Bidder constitutes an unauthorized invalid return and runs in direct conflict and in violation of these Terms & Conditions. DISCLAIMER BHJA shall not be held liable for having made or implied any warranty of merchantability or fitness for a particular purpose. BHJA makes no warranties of any kind, express or implied, related to the description or information in any listings or lots. Bidder shall be the sole judge of value. Under no circumstances shall Bidder have any kind of claim against BHJA or anyone else if the internet service fails to work correctly before or during the live auction. BHJA 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. BHJA reserves the right to withdraw or re-catalog lots in any auction. Any third party appraisals or evaluations are independent and BHJA makes no warranties of any kind relating to them, including but not limited to, 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. In the event that an item is listed as having a "Retail" estimate rather than a "Certified" value, this represents BHJA's in-house estimate of what the item would appraise for, and actual appraisal of the item is the responsibility of the Bidder. Grading and valuation information displayed for all Appraised items is derived from the item's certification. Bidder acknowledges and hereby agrees that neither delivery of an item effectuated after the established arrival date or loss of an item committed by a third-party delivery entity will give rise to a cause for a chargeback claim and Bidder specifically agrees to refrain from the filing of any such claim. In no event shall BHJA, or any of its agents, officers, representatives, members, managers, employees or affiliates, be liable for any breach that exceeds the purchase price actually paid by the Buyer or under any circumstance for special, indirect, incidental or consequential damages (including but not limited to for loss of profits, 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 listing of its purchase, sale, delivery or non-delivery, or the acts or omissions of BHJA. DISPUTE RESOLUTION In any dispute arises between BHJA and Bidder, BHJA and Bidder agree to submit their dispute to binding arbitration. BHJA and Bidder specifically agree that the dispute resolution provisions will be the only available means to resolve any and all disputes arising between the parties. BHJA and Bidder agree and acknowledge that they are completely waiving their right to have their dispute be heard in a competent court of law. Accordingly, Bidder agrees that Bidder will not file or initiate a dispute of any kind with a court of law, online venue, a credit card, or any other third parties. The Arbitration shall be conducted before the Judicial Arbitration and Mediation Services ("JAMS") in Los Angeles, California, pursuant to JAMS rules and before a JAMS Arbitrator selected by the parties or, if the parties cannot agree, pursuant to the JAMS rules. The parties agree that all disputes shall be governed by the laws of the State of California. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that Bidder will pay BHJA 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. Judgment to fraud is committed when Bidder violates the provisions of the dispute resolution and accordingly Bidder is liable to BHJA for all damages, losses and costs, including resulting time charges. VENUE These terms and conditions, the contents of any listing and the contractual relationship between BHJA and any Buyer shall be interpreted under and governed by the laws of the State of California. SEVERABILITY If any portion, section, or provision of the Terms and Conditions is deemed invalid, illegal, or unenforceable, such portion shall be construed separately and shall not affect the remainder of the Terms and Conditions. ASSIGNMENT Any assignment without BHJA's written authorization will be deemed void. CONTACT If, for any reason, you are uncertain about any of the provisions contained within the Terms and Conditions as stated herein, please contact us with your questions prior to bidding. If you are still uncertain after we reply, we advise you to refrain from bidding on our site. For any further questions about the above Terms & Conditions, please call us at 888-943-6626 or email us at beverlyhillsjewelryauctions@gmail.com BEVERLY HILLS JEWELRY AUCTIONS Rev. 05-04-2012

Local Taxes Apply to California Residents.