26537 | Exceptional Diamond Collection

NY Elizabeth Holdings, Inc. Last Updated: December 24, 2025 1. INTRODUCTION; ACCEPTANCE OF TERMS This website is operated by NY Elizabeth Holdings, Inc., a Wyoming corporation (hereinafter, ?NY Elizabeth Auction,?? ?NY Elizabeth,?? ?We,?? or ?Us??). These Terms and Conditions (the ?Terms??) govern your access to and use of the NY Elizabeth website located at https://nyelizabeth.com/, any mobile applications, auction platforms, private sale channels, membership programs, and any other services owned, controlled, or offered by NY Elizabeth now or in the future (collectively, the ?Services??). The term "You", ?Your", or ?Bidder" refers to any individual or entity that accesses, browses, registers, bids, purchases, or otherwise uses the Services. These Terms are legally binding and affect your rights. Please read them carefully. THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. By using the Services, you agree that disputes will be resolved by binding arbitration on an individual basis, and you waive your right to a jury trial or participation in a class action, except where prohibited by law. The Services are offered subject to your acceptance of these Terms without modification. Your continued use of the Services constitutes acceptance of these Terms and any additional rules or policies incorporated by reference. Please review our Privacy Policy for information on how we collect, use, and disclose personal data. 2. ELIGIBILITY; ACCESS TO SERVICES You must be at least eighteen (18) years of age to access or use the Services. Access to the Services is provided on a temporary, revocable basis. NY Elizabeth reserves the right to withdraw, modify, suspend, or discontinue any portion of the Services at any time without notice. NY Elizabeth shall not be liable if, for any reason, the Services are unavailable at any time or for any period. NY Elizabeth shall not be responsible for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to: ? Acts of God ? War, terrorism, or civil unrest ? Internet or telecommunications failures ? Hosting or cloud service outages ? Denial-of-service attacks ? Hardware or software failures ? User equipment or network failures 3. MEMBERSHIP PROGRAM NY Elizabeth offers an invitation-only annual membership program. 3.1 Membership Tiers Tier I Membership ? $120 per year ? Approval for auctions ? Discounted ?Buy It Now?? pricing Tier II Membership ? $480 per year ? Instant approval for upcoming auctions ? Discounted ?Buy It Now?? pricing ? Complimentary Certificates of Authenticity for jewelry, watches, and handbags purchased through auctions or Buy It Now listings ? Certificate verification via serial number or QR code ? Ownership transfer available for a nominal fee 3.2 Membership Terms Membership fees are non-refundable. Membership may be canceled at any time by submitting a written request via email to hello@nyelizabeth.com. Cancellation does not entitle the member to any refund or credit. 4. CERTIFICATES OF AUTHENTICITY; APPRAISALS NY Elizabeth Auction offers certificates of authenticity (?Certificates??) to members of its Membership program and for certain auctions involving jewelry, watches, and handbags. Certificates may include: ? Serial numbers ? QR codes ? Product images ? Item descriptions Certificates may be ordered through cert.nyelizabeth.com. NY Elizabeth Auction may, upon request, provide appraisals in PDF format to certain auction and private sale customers. Appraisals are prepared by independent third-party appraisal firms, which may include certified gemologists or professionals with industry education or alternative certifications. Appraisal values are opinions only and do not represent resale value, insurance replacement value, or actual market value. Prices vary significantly by geography, retailer, and market conditions. No appraisal, estimate, or evaluation shall constitute a warranty or guarantee of value. Under no circumstances shall a differing appraisal or opinion from a third party constitute grounds for cancellation, return, or refund. NY Elizabeth does not publicly disclose serial numbers for jewelry, watches, or handbags to protect client privacy, reduce counterfeiting risk, and prevent fraud. Any serial number shown in a listing or image is a placeholder only. 5. BIDDING TERMS ? ALL BIDS ARE BINDING 5.1 General Bidding Rules Each bid constitutes an irrevocable offer to purchase the applicable lot in accordance with these Terms and the lot description. All bids are binding, final, and non-cancelable by the bidder. NY Elizabeth Auction has sole and final discretion regarding: ? Acceptance or rejection of bids ? Determination of the winning bidder ? Resolution of bidding disputes ? Auction conduct and technical issues In the event of technical difficulties, NY Elizabeth reserves the right to cancel, suspend, or reschedule an auction in its sole discretion. 5.2 Deposits NY Elizabeth may require first-time bidders or bidders on multiple lots to submit a bank wire deposit prior to gaining bidding access. Deposit amounts vary by auction and catalog. If a bidder does not place a winning bid, NY Elizabeth may charge a $150 monthly administrative fee. Wire fees are the bidder?s responsibility. Refund requests must be submitted in writing within thirty (30) days of the auction. 5.3 Bidding Methods Bidding may occur via: ? Live floor bidding ? Telephone bidding ? Absentee bidding ? Live online bidding platforms including LiveAuctioneers, Invaluable, Bidsquare, ATG, and The Saleroom NY Elizabeth is not responsible for missed, delayed, or misexecuted bids, regardless of cause. Once the auctioneer announces ?SOLD,?? title passes immediately to the highest bidder recognized by the auctioneer. 5.4 Buyer?s Premium; Internet Fee All successful bids are subject to: ? 25% buyer?s premium ? Applicable sales tax or VAT ? Shipping and handling charges Internet Surcharge: Bids placed and won through LiveAuctioneers, Invaluable, Bidsquare, ATG, or The Saleroom are subject to a 5% internet surcharge. There is no internet surcharge for bids placed directly with NY Elizabeth. 5. BIDDING TERMS 5.5 Winning Bid; Auctioneer Authority The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on NY Elizabeth Auction?s part as to the validity of any bid, NY Elizabeth Auction shall 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, NY Elizabeth Auction?s sale record shall be conclusive. NY Elizabeth Auction has final authority in all auction matters. All decisions by NY Elizabeth Auction are final and binding. 5.6 Withdrawal of Items; Errors NY Elizabeth Auction reserves the right to withdraw any article or goods from an auction at any time before, during, or after the sale. While NY Elizabeth Auction makes every effort to ensure accuracy, in the event of an error or mistake by the auctioneer whereby a lot is mistakenly declared sold, NY Elizabeth Auction reserves the right to cancel the sale and re-list the lot in its sole discretion. 5.7 Email Bidding Email bidding is available only to pre-qualified clients or resellers who have paid a bank wire deposit in advance. Approval as a qualified dealer is at the sole discretion of NY Elizabeth Auction and requires a bank-approved line of credit reviewed and approved by a dealer development specialist at NY Elizabeth Auction. 5.8 Mistaken Bids A bid entered by mistake by a bidder is not grounds for cancellation. Each bidder is responsible for maintaining the confidentiality of their account credentials. Any bid placed through a bidder?s account is binding on the account holder. Allowing another individual access to your account does not relieve you of responsibility for bids placed. If an entity places a bid, the individual executing the bid on behalf of the entity personally guarantees payment. 5.9 Proxies; Resale Certificates Any bidder acting on behalf of another purchaser is personally and individually responsible for all obligations under these Terms. Purchasers claiming resale tax exemptions must provide valid resale documentation in advance. Motor vehicle sales are excluded. 5.10 Reserve Prices Unless expressly stated otherwise, all lots are subject to a confidential reserve price. NY Elizabeth Auction and consignors reserve the right to bid on any lot. NY Elizabeth Auction may place bids on behalf of the consignor to protect the reserve. Reserve prices are confidential and will not be disclosed. Bid increments may change at any time at NY Elizabeth Auction?s discretion. 6. FEES AND CHARGES 6.1 Buyer?s Premium A non-refundable 25% buyer?s premium is added to the hammer price of each lot. 6.2 Internet Surcharge Clients who bid and win through LiveAuctioneers, Invaluable, Bidsquare, ATG, or The Saleroom incur a 5% internet surcharge. Clients who bid directly with NY Elizabeth incur no internet surcharge. 6.3 Post-Auction Purchases Purchases made after the auction concludes are governed by the same auction rules, fees, and cancellation policies. All purchases are binding, irrevocable, and non-cancelable, including: ? Live auction ? Buy It Now ? Inquiries ? Private sales ? Offers Private sales membership fees are non-refundable, and all private sales are final. 7. PAYMENT TERMS 7.1 Catalog Descriptions and Estimates Catalog descriptions and estimates represent NY Elizabeth Auction?s opinion only and are not guarantees. Estimates do not include buyer?s premium and may change prior to auction. Actual prices may exceed or fall below estimates. 7.2 Accepted Payment Methods Accepted payment methods include: ? Bank wire transfer ? Zelle ? ACH (limits apply) ? Credit card or ACH via LiveAuctioneers ? Klarna or Affirm (subject to approval) ACH payments must clear prior to shipment and are limited to $10,000 per customer per month. Credit-card-funded ACH payments may be made via Wise (https://wise.com/) subject to Wise limits. 7.3 Payment Deadlines All invoices are issued on the day of the auction and sent to the email address on file. All payments are due within two (2) business days from the auction close. Failure to receive an invoice does not excuse payment obligations. 7.4 Non-Payment; Cancellation Fees (UPDATED) If payment is not received within the required time: ? 25% of hammer price ? 5% internet surcharge ? $150 administrative fee per lot Attorney?s fees are recoverable by NY Elizabeth. NY Elizabeth reserves the right to report non-payment to credit and collection agencies. 7.5 Gold, Silver Coins & Bullion ? Late Payment Fee For any lot consisting of gold coins, silver coins, gold bars, or silver bars: If payment is not received within two (2) business days of auction close by bank wire or Zelle, a $100 per lot, per day fee will apply beginning on the third business day. This fee is cumulative and intended to cover precious-metal price volatility. This fee is in addition to all other cancellation, administrative, storage, and legal remedies. 7.6 Partial Payments Partial payments without written approval do not suspend payment obligations. If full payment is not completed within ten (10) days: ? $20 per day per item fee applies ? $100 per day for automotive goods NY Elizabeth may cancel the invoice and apply cancellation fees. 7.7 Chargebacks Chargebacks are prohibited as a means to avoid payment. Each chargeback incurs a non-refundable $150 fee. NY Elizabeth may submit bid logs, IP data, and account records to dispute chargebacks. 7.8 International Payments International invoices over $1,000 require payment by bank wire only. 7.9 Refunds; Returns All sales are final. Returns are permitted only with written authorization from NY Elizabeth and may be subject to: ? 25% restocking fee ? Non-refundable buyer?s premium ? Buyer-paid return shipping Unauthorized returns will be refused. 7.10 Storage Fees Items not picked up or shipped within thirty (30) days may be re-auctioned. Storage fees apply: ? $25/day for art, handbags, jewelry. ? $100/day for vehicles 8. CONDITION OF ITEMS 8.1 Condition Reports The condition of an item may not be stated in the description of the item. The absence of a condition report does not imply that the item is free of damage, restoration, repairs, defects, or imperfections. Some items show signs of age, wear, or use. NY Elizabeth Auction strongly recommends that bidders do not bid on or purchase any item without requesting a condition report. Condition reports are generally available upon request for lots with a low estimate of $300 or higher. Condition reports are answered in the order received and may not be provided until the week prior to the auction. Requests submitted less than forty-eight (48) hours before the auction may not be honored. Condition reports are statements of opinion only and are not representations or warranties of any kind. NY Elizabeth Auction shall have no responsibility or liability for any errors or omissions in condition reports. For lots containing multiple pieces, detailed condition reports may not be provided. Bidders may appoint an agent to inspect items on their behalf. 8.2 AS IS, WHERE IS All property is sold AS IS, WHERE IS, with all faults, imperfections, and defects. NY Elizabeth Auction makes no representations or warranties, express or implied, as to: ? Description ? Authenticity ? Attribution ? Provenance ? Origin ? Condition ? Quality ? Size ? Importance ? Materials ? Authorship ? Period or culture All written and oral descriptions are opinions only and shall not be construed as warranties or guarantees. Mechanical items such as watches, clocks, and music boxes are sold AS IS and may not be in working condition. The absence of a condition statement does not imply that the item is free of wear, repairs, or imperfections. 8.3 Buyer Responsibility By placing a bid, the bidder acknowledges that they have examined the item as fully as desired via the catalog, images, and inquiries, or have chosen not to do so. If a bidder requires absolute certainty regarding authenticity, condition, or origin, and uncertainty remains after review, the bidder should not place a bid. All sales are final. No refunds or exchanges. 9. SHIPPING AND HANDLING 9.1 General Shipping Terms NY Elizabeth?s corporate address is in the United States; however, items may ship from multiple locations, including but not limited to the United States, United Kingdom, Europe, and Asia. NY Elizabeth does not ship items directly. All shipping is conducted through third-party carriers including but not limited to FedEx, DHL, UPS, USPS, Royal Mail, or other logistics providers. Typical shipment processing time is 10 - 15 business days after payment clears, though delays may occur. If goods are not received within thirty (30) days from shipment date, Buyer must promptly notify NY Elizabeth at hello@nyelizabeth.com. NY Elizabeth does not retain shipping records beyond sixty (60) days from the shipment date. 9.2 No In-Person Pickup Items may not be picked up in person. A $75 third-party pickup fee per lot applies if applicable. All items must ship via a third-party carrier or a bonded, insured shipper arranged by Buyer. NY Elizabeth is not responsible for: ? VAT ? Customs duties ? Brokerage fees ? Import taxes ? Government fees 9.3 Insurance NY Elizabeth does not automatically insure shipments. If Buyer requires insurance, Buyer must request and arrange insurance prior to shipment. Shipments processed through LiveAuctioneers may include platform-provided insurance. 9.4 International Shipments For goods located outside the United States, Buyer appoints NY Elizabeth as shipping agent and attorney-in-fact to sign customs documentation on Buyer?s behalf. Buyer assumes all responsibility for import/export compliance. 10. CATEGORY-SPECIFIC DISCLAIMERS 10.1 Vehicles (Automobiles, Aircraft, Watercraft) All vehicles are sold AS IS without warranty. Payment must be made by bank wire within forty-eight (48) hours. Failure to pay allows NY Elizabeth to re-auction or privately sell the vehicle. Vehicle descriptions are provided to the best of NY Elizabeth?s knowledge but are not guaranteed. Certain vehicles require inspections that may take up to twelve (12) weeks. Buyer grants NY Elizabeth power of attorney to execute necessary documents. 10.2 Jewelry, Watches, Loose Stones All jewelry and watches are sold AS IS and may have been: ? Previously worn ? Repaired ? Modified ? Customized ? Altered ? Contain aftermarket components Aftermarket modifications may affect manufacturer service eligibility. Appraisals are provided by independent third parties and are opinions only. Appraisal values do not represent resale or insurance value. Watches may require service, battery replacement, or repair. 10.3 Memorabilia NY Elizabeth may have relationships with third-party authenticators. NY Elizabeth makes no representations regarding third-party opinions. Bidders waive conflicts related to authenticators. 10.4 Coins and Currency Coins and currency are sold AS IS. Differences of grading opinion do not constitute grounds for return. Third-party certified items are not returnable for grading disputes. Grading is subjective and opinions may differ. NY Elizabeth is not bound by third-party grading determinations. 10.5 Stamps and Philatelic Items All stamps and philatelic items are sold AS IS. No returns permitted due to grading or opinion differences. Grading is a matter of opinion and not a science. 10.6 Real Estate Real estate is sold AS IS, WHERE IS. Buyer is responsible for due diligence. NY Elizabeth does not guarantee title, condition, or occupancy. Liability is limited to refund of Purchase Price. 10.7 Art Dates and attributions are approximate and opinions only. Measurements are approximate. Attribution terms include but are not limited to: ? Attributed to ? Studio of ? Circle of ? Style of ? Manner of ? After Signatures and inscriptions may be by the artist or another hand. 11. CRYPTOCURRENCY DISCLAIMER NY Elizabeth is not a broker, dealer, financial institution, or creditor. NY Elizabeth facilitates auction transactions but is not a party to any agreement between buyers and sellers of crypto assets or between users. ?Crypto Assets?? include non-fungible tokens and blockchain-based digital assets implemented on Ethereum, Binance, or similar blockchains, including but not limited to CryptoPunks, CryptoKitties, Ethmoji, and CryptoCelebrities. Participation in any auction involving Crypto Assets may require connection of a compatible digital wallet such as MetaMask. NY Elizabeth does not control blockchain networks, wallets, or smart contracts and is not responsible for their operation, security, or functionality. All crypto transactions are irreversible. Buyers assume all risks associated with blockchain transactions, including volatility, loss of access, or technical failure. 12. DISCLAIMER OF WARRANTIES Neither NY Elizabeth Auction nor any consignor makes any warranties or representations, express or implied, with respect to any property, including but not limited to: ? Description ? Authenticity ? Attribution ? Provenance ? Condition ? Completeness ? Value All estimates, appraisals, and evaluations are opinions provided solely for bidder convenience. Estimates may reflect retail values and do not represent resale or insurance value. No statement, oral or written, shall be deemed a warranty or assumption of responsibility. Differences of opinion shall not constitute grounds for return, refund, or cancellation. 13. PROHIBITED USES Use of the Services is limited to authorized purposes only. You may not use the Services to: (a) Harass, abuse, threaten, stalk, or defame others (b) Engage in unlawful, fraudulent, or deceptive conduct (c) Misrepresent identity or source of information (d) Access non-public areas without authorization (e) Use bots, scrapers, crawlers, or automated systems (f) Introduce viruses or malicious code (g) Probe, scan, or test system vulnerabilities (h) Use the Services in hazardous or mission-critical environments (i) Modify or reverse engineer the Services (j) Impair or disrupt servers or networks (k) Attempt unauthorized account access (l) Publicly display Services without consent (m) Encourage illegal conduct (n) Claim account compromise without submitting a police report and notarized affidavit (o) Violate these Terms in any manner Failure to comply may result in suspension, termination, and legal action. 14. INTELLECTUAL PROPERTY RIGHTS All content on the Services is owned by NY Elizabeth Auction or its licensors and protected by copyright, trademark, and intellectual property laws. Users are granted a limited, non-exclusive, non-transferable, revocable license to access the Services for personal use only. Users may not reproduce, distribute, modify, create derivative works, or exploit content without express written permission. No ownership rights are transferred by use of the Services. 15. DMCA NOTICE AND TAKEDOWN POLICY NY Elizabeth respects intellectual property rights. Copyright owners may submit DMCA notices including: (a) Authorized signature (b) Identification of copyrighted work (c) Identification of infringing material (d) Contact information (e) Good-faith belief statement (f) Statement under penalty of perjury DMCA notices must be sent to: NY Elizabeth hello@nyelizabeth.com Attention: Copyright Claims False claims may result in liability under U.S. law. 16. FEEDBACK Any feedback submitted becomes the exclusive property of NY Elizabeth. Feedback is non-confidential and may be used without compensation or acknowledgment. 17. THIRD-PARTY LINKS AND SERVICES The Services may contain links to third-party websites. NY Elizabeth does not control or endorse third-party services and is not responsible for their content or operations. Use of third-party services is at the user?s own risk. 18. THIRD-PARTY ACCOUNT LOGIN Users may register using third-party accounts (Google, Apple, Facebook, Instagram). NY Elizabeth may access limited account information as authorized. If third-party access is revoked, Services may be limited. NY Elizabeth is not responsible for third-party account content. 19. TERMINATION OR SUSPENSION NY Elizabeth reserves the right to suspend or terminate access at any time, with or without notice, for any reason. Termination does not relieve payment obligations. Suspected fraud may be reported to law enforcement. 20. ERRORS AND OMISSIONS NY Elizabeth reserves the right to correct errors, inaccuracies, or omissions at any time. No obligation exists to update information unless required by law. 21. ELECTRONIC COMMUNICATIONS; TEXT MESSAGES Using the Services or sending emails to NY Elizabeth constitutes electronic communications. By providing your email address, you consent to receive electronic communications including agreements, notices, disclosures, invoices, service announcements, auction updates, and administrative messages. NY Elizabeth may also contact you via SMS text messages to: ? Verify your account ? Reset or update passwords ? Provide auction and bidding updates By opting in, you consent to receive recurring automated messages. Consent is not required to make a purchase. Message and data rates may apply. To opt out of text messages, reply STOP to the sending number. A confirmation message may follow. You are solely responsible for obtaining necessary equipment and services to access electronic communications. 22. INDEMNIFICATION Except in cases of NY Elizabeth Auction?s gross negligence or willful misconduct, you agree to indemnify, defend, and hold harmless NY Elizabeth Auction and its officers, directors, shareholders, employees, agents, representatives, affiliates, successors, and assigns from any losses, damages, liabilities, costs, or expenses, including reasonable attorney?s fees, arising from: ? Your use or misuse of the Services ? Your violation of these Terms ? Your violation of any rights of a third party ? Your violation of any applicable laws NY Elizabeth reserves the right to assume exclusive defense of any indemnified matter. 23. HARM FROM COMMERCIAL USE You agree that unauthorized commercial use or republication of content may cause irreparable harm. NY Elizabeth is entitled to injunctive relief in addition to monetary damages. 24. NO WARRANTIES EXCEPT AS EXPRESSLY STATED IN WRITING, THE SERVICES ARE PROVIDED ?AS IS?? AND ?AS AVAILABLE.?? NY Elizabeth DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ? MERCHANTABILITY ? FITNESS FOR A PARTICULAR PURPOSE ? NON-INFRINGEMENT ? TITLE No advice or information shall create a warranty. Some jurisdictions do not allow certain disclaimers, so limitations may not apply to you. 25. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, NY ELIZABETH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. NY Elizabeth?s aggregate liability shall not exceed the greater of: (i) Amounts paid by you in the twelve (12) months preceding the claim, or (ii) $100 USD These limitations form the basis of the bargain. 26. INFORMAL DISPUTE RESOLUTION Before initiating arbitration or litigation, you agree to contact NY Elizabeth at hello@nyelizabeth.com and allow sixty (60) days for informal resolution. 27. MANDATORY ARBITRATION Any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA). Arbitration will be conducted on an individual basis only. You waive the right to jury trial and class actions. The Federal Arbitration Act governs enforcement. The arbitrator has exclusive authority over enforceability issues. Exceptions include: ? Intellectual property claims seeking injunctive relief ? Small claims court matters Arbitration decisions are final and binding. 28. ARBITRATION OPT-OUT PROCEDURE If you are a new user, you may opt out of the arbitration agreement by sending an opt-out notice to hello@nyelizabeth.com within thirty (30) days after first accepting these Terms. If you are an existing user, you must submit an opt-out notice within thirty (30) days of the posting of these revised Terms. The opt-out notice must include: ? Your full legal name ? Mailing address ? Email address associated with your account ? An unaltered digital image of a valid government-issued ID This is the only method to opt out. If you opt out, all other provisions of these Terms remain fully enforceable. Opting out does not affect any prior arbitration agreements. 29. GOVERNING LAW AND VENUE These Terms and all Covered Dispute Matters are governed by United States federal law, including the Federal Arbitration Act, and, to the extent not preempted, the laws of the State of California, without regard to conflict-of-law principles. If arbitration is found not to apply, all disputes shall be resolved exclusively in state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction therein. 30. CLASS ACTION WAIVER All disputes must be brought on an individual basis only. You waive the right to participate in any class, collective, representative, or private attorney general action. The arbitrator or court may not consolidate claims or preside over any form of representative proceeding. 31. ENTIRE AGREEMENT These Terms constitute the entire agreement between you and NY Elizabeth with respect to the Services and supersede all prior communications, representations, or agreements. 32. RELIANCE DISCLAIMER Content on the Services is not intended as legal, financial, tax, or investment advice. You agree not to rely on any information on the Services without conducting independent due diligence or consulting qualified professionals. 33. CHANGES TO TERMS NY Elizabeth reserves the right to modify these Terms at any time. Continued use of the Services after notice constitutes acceptance of the updated Terms. 34. RELATIONSHIP OF PARTIES The parties are independent contractors. Nothing herein creates a partnership, joint venture, agency, or employment relationship. 35. SEVERABILITY If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. 36. FORCE MAJEURE NY Elizabeth is not liable for delays or failure to perform due to events beyond reasonable control, including acts of God, war, terrorism, labor disputes, system failures, or government actions. 37. EXPORT CONTROLS The Services are subject to U.S. export laws. You agree to comply with all applicable export and import regulations. 38. NOTICE TO CALIFORNIA RESIDENTS Under California Civil Code ?1789.3, California residents may contact: California Department of Consumer Affairs 1625 North Market Blvd., Suite S-202 Sacramento, CA 95834 Phone: (800) 952-5210 39. MISCELLANEOUS These Terms are binding upon successors and assigns. Failure to enforce any provision does not constitute waiver. Headings are for convenience only. The words ?including?? and ?includes?? mean ?including without limitation.?? 40. COMMUNICATIONS AND NEWSLETTERS NY Elizabeth may send auction updates, newsletters, and service communications via email or SMS. To opt out, email hello@nyelizabeth.com or follow unsubscribe instructions in messages.

To ensure secure payment, NY Elizabeth may require invoices over $500 may be required to be paid using a Bank Transfer (ACH). This can be done directly at checkout.

If you have not contacted NY Elizabeth 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 NY Elizabeth 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.