Out Of This World Gems & Fine Jewelry Auction

BIDFAIR FINE JEWELRY TERMS AND CONDITIONS Auction Terms & Conditions Bidfair Fine Jewelry, Terms and Conditions You MUST read and agree to ALL the terms of this auction before bidding. Conditions of Sale A.. These terms and conditions are a legally binding agreement between the bidder and Bidfair Fine Jewelry (hereinafter Bidfair Fine Jewelry will be referred to as Auction Co. or auctioneer and the user or persons will be referred to as bidder or buyer). 1. Bidders must be at least 18 years of age to participate or register in the auction. 2. Any bidders participating or registering for the auction agree to be bound by and accept these Terms and Conditions. All bidders must meet the Auction Co. qualifications to bid. Any Bidder who is not in good standing with the Auction Co. may be disqualified or declined, with such determination made by the Auction Co. in its sole and unlimited discretion, at any time prior to, during, or even after the close of the auction. All items in this sale are offered subject to reserve according to U.C.C. ? 2-328 (3). II. Sale by Auction A. Auction Co. holds the rights to pass, sell, or hold the sale, subject to seller confirmation, on any and all items in this auction the rights to pass, sell, or hold the sale subject to seller confirmation on any and all items in this auction. B.. All property is sold AS IS where is with all faults, and neither the Auction Co. nor any consignor makes any warranties, representations, or guarantees either expressed or implied with respect to the property, and in no event, shall they be responsible for the correctness, nor deemed to have made any representation or warranty, of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, or condition of the property and no statement made at the sale, or in the bill of sale, or invoice or elsewhere shall be deemed such a warranty of representation or as an assumption of liability. 1. Details in the catalog are opinion and are written as an aid to potential bidders. Auction Co. acknowledges that there may be errors in what is listed in the catalog. Auction Co. strongly recommends that the Bidder have an acknowledged expert view the item. a. All bidders are required to physically or visually, either in person, virtually, or by proxy inspect the items during the inspection and preview period for correctness, description, genuineness, authorship, attribution, provenance, period, culture, source, origin, and condition. The bidder will then rely entirely on their own inspection for any and all bids or opinions given without holding the Auction Co. liable for any and all statements made. 2. All sales are final. There will be no refunds, no exchanges, and no partial refunds of any kind. 3. Seller/consignor has the discretion to instruct the Auction Co. to withdraw a lot from the auction at any time prior to accepting a winning bid (with the exception of an Absolute auction).. III. Bidding A. Auction Co. shall determine the highest bidder as the purchaser. 1. In the case of a disputed bid, the Auction Co. shall have sole discretion in determining the purchaser from any of the bids left whether they be the highest bidder or not and may also, at the Auction Co. election, withdraw the lot or reoffer the lot for sale. B. Auction Co. has the right to refuse or decline any bidder without limitation. 1. Auction Co. has the right to impose bidding limits on any bidder for any reason and at any time. 2. The Auction Co. has the right to require a deposit from any bidder at any time, even during the live bidding. C. Auction Co. holds the right to terminate the purchase for any reason, even in the event the bidder was given notice that he/she is the high bidder and purchaser. 1. The bidder agrees that the Auction Co. may terminate the purchase or agreement, in which case the Auction Co.'s only liability shall be the return of the highest bid amount the buyer paid, with exception to any and all extra costs, including but not limited to buyer's premium and shipping. IV. Types of Bidding A. Competitive Bidding 1. Auction Co. will start the bid at the amount the Auctioneer elects, regardless of any bidder's maximum bid. 2. Should there be no bids on the Auctioneer?s starting bid, the Auctioneer may choose to offer a lower bid, and continue to offer lower bids until a bid is cast. 3. Once a bid is cast, the auctioneer will seek a higher bid, and continue until no other bids are placed, thus announcing the winning bidder (in accordance with the terms made with the seller/consignor). 4. Should there be only one bid cast, the Auctioneer will determine if that bid qualifies as the winning bid, and deem the lot sold, in the usual manner of the auctioneer. 5. If there are no bids placed during a time in which the auctioneer is reducing the starting bid, the auctioneer may conclude or ?pass? that lot at his sole discretion (in accordance with the terms set by the seller/consignor) and continue to the next lot. 6. Auctioneer has the right to disregard the order in which bids are placed or the date at which any absentee bid was placed. 7. Bidders understand that ALL bids placed are executed as competitive bidding. B. Live Bidding 1. Auction events are conducted online. The auction goes ?live? on the date and time indicated in announcements, catalogs, and other means. The auction will end when bidding on the final lot is completed. a. Bids taken from the start time until the end of the auction are considered ?live? bids. Live bids are the most reliable and successful way to bid so to ensure not being ?outbid?. b. During this time, once a lot is sold or passed, bidding is closed for that lot. 2. Bids cannot be withdrawn during the ?live? auction. a. Bids made in error or by someone else using the bidder?s account are the bidder?s responsibility and cannot be withdrawn. b. Auction Co. is not liable for any Website, internet, or other failures that interfere with the placement or receipt of any bid. c. Auction House has the discretion to withdraw a lot from the auction at any time prior to accepting a winning bid (with the exception of Absolute auctions). C. Absentee Bidding 1. Auction Co. offers absentee bidding. If the bidder is unable to bid ?live?, the bidder may leave an absentee bid for the maximum amount they are willing to pay for the lot or lots desired. a. Any bid placed is for the lot only and does not include taxes, duties, shipping, or any fees or premiums. b. Once the lot(s) is presented for live bids, the absentee bid will go into effect from the opening bid, and increase incrementally, as bids are placed by other bidders, until there are no other competing bids, or until the maximum bid is reached. c. If the maximum bid is reached, and other live bidders continue bidding, the absentee bid is considered ?outbid?. d If the competing bidder(s) drops out of bidding before the maximum bid is reached, and the reserve has been met, the auctioneer will determine if the absentee bid is the winning bid. e. Absentee bids are taken in full confidence and will not be shared or used incorrectly. The Auction Co. DOES NOT bid on behalf of the consignor or share the confidential bids placed by any persons). f. Bidding on any item indicates the bidder?s acceptance of these terms and all other terms, written, posted, or announced at the time of sale, whether ?live? or ?absentee?. g. Bidders who place absentee bids can also bid during the ?live? auction, and are encouraged to do so. V. Bid Errors and/or Loss of Bid A. Auction Co. will not be responsible for any errors or failures to execute bids placed via absentee bidding or ?live? bidding, including without limitation, errors or failures caused by (i) a loss of connection to the internet or to any hosted software platforms; (ii) a breakdown or technical problem with any of the hosted software platforms; (iii) a breakdown or problem with a client's internet connection, mobile network or computer; (iv) the failure to relay the bids placed for any reason without limitation due the hectic nature of the live auction event. 1. Auction Co. is not responsible for any failure to execute an online bid or for any errors or omissions in connection therewith. 2. Bids may not be withdrawn (during live bidding) Bids made in error or by someone else using Bidder?s account are Bidder?s responsibility and cannot be withdrawn. Auction Co., auction company representative, or seller/consignor is not liable for any Website, internet, or other failures that interfere with the placement or receipt of any bids, whether ?live? or absentee. 3. Online bidding via all hosted internet platforms will be recorded. VI. Summary A. All bidding is subject to approval by the Auction Co. and/or representative thereof. B. Auction Co. has the right to refuse or decline, or accept in any order, the bids presented to the Auctioneer at the time of the live event. C. By registering to bid or/and bidding on any item this indicates the bidder's acceptance of terrms and all other terms printed within, posted, and announced at the time of sale regardless of bidding method. D. Auction Co. advises any persons who does not fully understand and acknowledge these terms written herewith to refrain from bidding in any manner. 1. All bids left are an acknowledgement and agreement of these terms and a guarantee for all payment invoices on any won lots or purchased lots, including any additional expenses, including but not limited to, the buyer's premium, any storage cost or restocking fees, and late fees when applicable. VII. Consent to Suit in Florida A. In the event of legal proceedings arising from this contract or from the auction in connection therewith, the Buyer consents to being subject to the personal jurisdiction of the courts of the State of Florida. A Buyer also agrees and gives consent that the venue shall be in Indian River County, Florida and that the laws of the State of Florida shall govern this Agreement and the parties' transaction hereunder. 1. The Buyer expressly agrees to indemnify and hold the Auction Co., consignors and their assigns harmless from an against all claims, losses, expenses, damages or liability, (including but not limited to attorney's fees), directly or indirectly caused by or resulting from Buyers negligent acts or omissions or breach of this agreement, except for damages caused by or resulting from the Auction Co.'s sole negligence. VIII. Payment 1. INVOICES EXCEEDING $2,999.00 MUST BE PAID USING AN ACH, ZELLE, WIRE TRANSFER, OR A COMBINATION OF THESE. CONTACT THE AUCTION HOUSE FOR MORE INFORMATION. 2. SOME LOTS REQUIRE PAYMENT BY ACH, WIRE TRANSFER, OR ZELLE. THOSE AFFECTED WILL BE CLEARLY INDICATED. 3. SHIPPING INVOICE MAY BE SENT SEPARATELY The winning bidder is responsible for the entire amount of the invoice, including any shipping expenses, insurance, taxes and/or duties, any fees from the host platform, and the buyer?s premium. Auction Co. will email an invoice to the winning bidders upon completion of the auction.. 1. Invoices could take up to 2 days (48 hours) to process, however, under normal circumstances, invoices are emailed within a few hours of completion of the auction. Winning bidders will be able to pay the invoice online. Should the bidder have difficulty, they should contact Bidfair Fine Jewelry by email or phone for assistance. Payments can NOT be remitted over the phone. 2. Invoices must be paid in full within five (5) business days of the end of the auction. Auction Co. reserves the right to charge the bidders credit card on file if the balance is not paid within five (5) business days. Should the bidder initiate a credit card charge back claim to avoid fulfilling the legal contractual obligations,Auction Co. will file charges of credit card abuse and charge back fraud. 3. All payments must be made in US dollars. IX. Shipping Bidders are responsible for any, and all shipping charges and fees associated therewith. The entire invoice, including shipping costs, must be paid PRIOR to shipment. Shipping charges may be added to the original invoice at any time, even after the initial invoice has been paid. Shipping labels will NOT be created until the invoice is paid in full. C. Most packages are shipped via FedEx or UPS. Exceptions can be made under varying circumstances at the Auction Co. determination and discretion. D. All items (with few exceptions) will be properly insured and require an adult signature. 1. No package over $500 will be shipped USPS, uninsured, or without signature. E. Auction Co. is not responsible for failed delivery of packages. 1. In the event of a failed delivery, bidder should contact Auction Co. immediately to receive instruction on how to proceed. a. Procedure varies between the different host platforms. b. Auction Co. and bidder are protected with shipping insurance. X. In-Person Pickup In-person pickup is almost always available. 1. Contact Auction Co. for times and locations if in-person pickup is desired. A government-issued identification is required for in-person pickup. XI. Disputes In any dispute with Auction Co., bidder will waive the right to a jury trial. Bidder will waive the right to participate in any proceeding against Auction Co. as a member or representative of a class, collective, or representative action, except where waiver is prohibited by law or determined by a court of competent jurisdiction to be contrary to public policy. In any class, collective, or representative action, bidder will waive any right to recover costs and attorney fees; furthermore, no class, collective, or representative action shall be arbitrated if the cost would exceed the cost of arbitration of a single member?s claim. Bidder must submit any dispute to Auction Co. via email at: kimberly@bidfairfinejewelry.com within six months (180 days) of the transaction. Auction Co. will make a determination about your dispute within thirty (30) days based on the information you provide. If you do not accept Auction Co.?s decision, bidder must email that same address to demand arbitration within thirty (30) days after the Auction Co.?s decision. Bidder?s demand must explain in detail why Auction Co.?s determination is unsatisfactory and must clearly describe the amount or resolution that you demand. Any dispute brought against Auction Co. or which Auction Co. submits to arbitration, must be resolved by binding arbitration before an impartial Arbitrator selected by Auction Co. and held in accordance with the Consumer Arbitration Rules of the American Arbitration Association and the Florida Arbitration Code, applying the law of Florida, except those regarding conflict of laws. Bidder agrees not to initiate any chargeback dispute against Auction Co. except as authorized by law. Bidder understands and agrees to bear all risks of diligence and evaluation of lots and items purchased, all risks of loss or damage after fall of hammer (or expiration of time in online auction), all risk for use of registered account, and all other risks assigned to you herein or by law, and that attempting to use a chargeback dispute to avoid your contract obligations or allocation of risks is fraud. XII. Account Creation, Bans, and User Conduct A. Account Creation and Identity Verification 1. Bidders must provide accurate and complete information when creating account on Bidfair Fine Jewelry or any business/entity assisting in the production of online auctions 2. Creating an account under false pretenses, using false identities, or impersonating another person is strictly prohibited. 3. Each user may maintain only one account. Users are prohibited from creating multiple accounts for any reason, including to evade a ban or suspension. 4. Bidfair Fine Jewelry reserves the right to request additional information for identity verification purposes at any time. Failure to comply with such requests may result in account suspension or termination. Account Responsibility Bidders are responsible for maintaining the confidentiality and security of their Bidfair Fine Jewelry account. Any activity conducted under the bidders account will be the bidder?s sole responsibility. The bidder must ensure and safeguard login credentials and promptly notify the Auction Co. of any unauthorized use or suspected breach of security. B. Banned or Suspended Users If a bidder has been banned or suspended from participating in Bidfair Fine Jewelry auctions, the bidder is prohibited from creating a new account or using another bidder's account to access our services. Any attempt to circumvent a ban or suspension by creating a new account under a different name or identity will result in the immediate termination of the new account and further action as deemed appropriate by Bidfair Fine Jewelry. Bids placed by any banned or suspended bidder, even under a new account, will not be honored. Bidfair Fine Jewelry reserves the right to nullify any winning bids placed by banned or suspended bidders. C. Misconduct and Disruptive Behavior Any attempt to disrupt the integrity, fairness, or operation of Bidfair Fine Jewelry auctions, including but not limited to malicious bidding, posting defamatory content, or harassing other bidders, is prohibited and will result in account suspension or permanent banning. Bidders found to be engaging in defamatory behavior, including posting false or misleading information about Bidfair Fine Jewelry or its users, may face legal consequences, including but not limited to the removal of their account and pursuit of legal remedies. XIII. Violation of Terms and Consequences A. Bidfair Fine Jewelry reserves the right to take action against any bidder found in violation of these terms, including but not limited to: - Temporary or permanent account suspension - Removal of bids placed by the user - Legal action where appropriate, including seeking damages for any harm caused B. Bidfair Fine Jewelry reserves the right to deny access to its services to any user at its sole discretion, including users who have violated these terms in the past or who present a risk of violating these terms in the future. XIV. Changes to Terms and Service A. Bidfair Fine Jewelry reserves the right to modify these Terms of Service at any time. Bidders will be notified of any significant changes, and continued use of our services after such changes are made constitutes acceptance of the updated terms. XV: In Case of Error In case of an error by Auction Co. or the auctioneer, Auction Co. may in its sole discretion, cancel the sale and relist the Lot. Bidder indemnifies and holds harmless Auction Co, Seller and Consignor from and against any losses, damages, claims, and legal proceedings that may arise from or relate to the Seller?s application of a reserve price, withdrawal of any lot, determination of the winning bid, relisting, or resolution of any dispute between bidders. Privacy Policy By using our website or services, creating an account, bidding, communicating with us by email or any other method, or by otherwise submitting personal information to us, you agree to the terms of this Privacy Policy; you give your consent to the collection, storage and use of personal information as explained in this Privacy Policy. We do not sell your personal information to third parties, but we may share it with our affiliates and service providers, and we make no representation or warranty about their practices. The term ?personal information? refers to non-public information that personally relates to or identifies you, such as your name, password, age, gender, email address, postal mailing address, zip code, home/mobile telephone number, Social Security number and/or taxpayer identification number, and other similar information). If we combine or associate information from other sources with personal information that you provide directly to us through or in connection with our services, we will treat the combined information as personal information in accordance with this Privacy Policy. Other information not treated as personal that may be collected on the Website may include, without limitation, website pages viewed, sites visited before visiting this Website, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our website or using certain features of our website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you. We or our providers may also send you, without limitation, ?cookies, ? ?beacons, ? ?logs, ? and other data or code used for authentication, security, site functionality, and other purposes. Any financial transaction, such as payments and remittances require identification and financial information. Bidfair Fine Jewelry does NOT retain your ANY account and routing numbers without permission. Bidfair Fine Jewelry may transfer financial information to a third party for payment processing and makes no representations or warranties about the practices of third-party payment processors. Bidfair Fine Jewelry uses customary services to process payments. By subscribing or following us, you consent to receive invoices, notices, and other communications about your purchases and contracts with us via email, which shall constitute effective notice. Additionally, you consent to receive all other communications from Auction Co. and our affiliates, including commercial communications. To unsubscribe, email: admin@bidfairfinejewelry.com. You will still receive invoices, notices, and other communications about your purchases and contracts with us. Please note that Seller?s auctions may be hosted by an online auction house that has its own website terms and conditions and privacy and security policies. You should review such auction house agreements in addition to your contract with the Seller. You acknowledge that Seller is not responsible for any server, registrar, application, service, or other third party product or service on which Seller?s url?s, domains, website, pages, widgets, applications, auctions, payment processing, and other available services are hosted. Seller is not responsible for any virus, malicious code, malware, spyware, adware, or other harmful or undesirable content or components. Seller may provide links that allow you to access third party websites, applications, or services. Those are not under the control of Seller, and Seller is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Seller provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Seller of the site. When you click on advertiser banners, sponsor links, or other external links, your browser automatically may direct you to another Website that is not hosted or controlled by Seller or the Auction House. Seller is not responsible for the content, functionality, or technological safety of any external Website. You acknowledge and agree that your use of these linked Websites is subject to different terms of use that those governing the Website and Services and such linked Websites may be subject to different privacy practices that those set forth in the Privacy Policy governing the Website and Services.

If you have not contacted Bidfair Fine Jewelry to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Bidfair Fine Jewelry may be subject to sales tax. Please see the following for more details. If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption.