Weekly Auctions of Exceptional Items
Santa Barbara, CA, United States
DoneSat, Nov 9, 2013 3:00 PM GMT
Designer Platinum, Gold, & Diamond Jewelry
Trained in the most modern of techniques at the Cecilia Bower Studio and by Omar Torres (Bulgari's legendary designer), Danuta has created countless works of art inspired by ancient Celtic motifs in platinum and gold jewelry line which is as unique, expressionistic, and individual as the individuals who wear it.
Auction & Auctioneer Information
November 4 to November 8. Please call Danuta, if you have any questions. 505-310-3654
Terms & Conditions
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE ESTABLISHED BY DANUTA INC. FOR ALL ONLINE AUCTIONS. 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 DANUTA INC. AUCTIONS GENERAL TERMS AND CONDITIONS. These terms and conditions and the information contained in any lot listing constitute the entire agreement between Buyer and DANUTA INC. These terms and conditions and the information contained in any listing may only be changed by DANUTA INC. By participating in this auction, Buyer acknowledges that Buyer is bound by these terms and conditions and the information contained in any listing. In the event of a conflict between these DANUTA INC. AUCTIONS GENERAL TERMS AND CONDITIONS and the contents of any listing, any invoice, General Terms and Conditions, these General Terms and Conditions shall supersede and govern. LOT DESCRIPTIONS DANUTA INC. 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 Buyer. DANUTA INC. makes no warranties of any kind related to the information presented in any listing. DANUTA INC. 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 indicates 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. PRICE ESTIMATES High and low estimates are provided solely for the convenience of the Buyer and DANUTA INC. makes no warranties of any kind relating to them. PLACEMENT AND ACCEPTANCE OF BIDS Unless the auction of a lot is announced as absolute, DANUTA INC. reserves the right to accept or reject any bid for any reason whatsoever. 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, DANUTA INC. shall determine the actual winning Bidder of each lot and may, in its sole discretion, at any time, offer any Bidder a duplicate item at the Bidder’s maximum bid on the lot. In the event of any dispute between bidders, or in the event of doubt on DANUTA INC. part as to the validity of any bid, DANUTA INC. 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 DANUTA INC. is not responsible for any errors or omissions in connection therewith. DANUTA INC. reserves the right to protect any reserve price by placing floor bids, to place bids on behalf of any buyer or seller, to bid for its own account or to remove any lot from sale without notice. Any bid entered by a Bidder shall be determined in the sole discretion of DANUTA INC. to have exceeded or not to have exceeded any reserve. In consideration of DANUTA INC. approval of the application of the Bidder to bid in DANUTA INC. online auction, Bidder agrees to comply with and be specifically bound by the provisions of this paragraph. PAYMENT Payment of the winning bid amount, and shipping/handling charge will be made at the time the auction is reconciled by DANUTA INC. using the credit card on file with DANUTA INC.. In consideration of DANUTA INC. approval of the application of the Bidder to bid in DANUTA INC. online auction, Bidder hereby authorizes DANUTA INC. to charge the credit card provided by Bidder to DANUTA INC. as specified herein. A $50 handling fee will be assessed for each declined credit card transaction and Bidder agrees to such charge. Requests for other payment arrangements will only be considered prior to the opening of bidding in any online auction. SHIPPING, HANDLING AND INSURANCE For destination: USPS Priority Mail Service - $50 + $3 per lot for packing and handling + insurance ($1/$500) Oversized Lots Not Fitting into Flat Rate USPS Mailers and delicate items requiring special handling – Shipping, handling, packing, crating, insurance, delivery confirmation and registry will be billed and paid for by the Bidder at the ESTIMATED amount stated in the lot listing. Upon actual shipment, any excess will be refunded to the Bidder. In the event of a shortage, the balance will be invoiced and shipment will be held until paid by the Bidder. Packing and handling charges vary on oversized lots depending on combined lots, size, weight and any customized packing required. DANUTA INC. reserves the right to engage third party packing services in its sole discretion and at Bidder’s expense to pack and ship oversized lots. Shipments to Hawaii, Alaska, US Territories and Foreign Countries – Shipping and handling charges to these locations are higher and often require registry or express mail. Bidder may contact DANUTA INC. in advance for an ESTIMATE of the charges to such locations. BY BIDDING, THE BIDDER AGREES TO OUR SHIPPING AND HANDLING CHARGES, WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. Our responsibility for damage to or loss of the lot ends once it has been turned over to the USPS, UPS or other shipping company 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. We typically ship within 15 days after the Buyer’s payment in full has been credited to our bank account (this is 7-10 business days after credit card processing). Some items may take longer to ship and all items are subject to first being received from the seller in the event that the items were not at our physical location at the time of sale. Buyers should expect their items within 4 weeks after the auction unless there was a delay in processing their payment. All shipments are subject to USPS handling delays which are beyond our control. Bidders will receive an email with tracking information once their items have been processed for shipping. BIDDER’S MUST BE SURE THAT THEIR EMAIL ACCOUNT ALLOWS RECEIPT OF EMAILS FROM firstname.lastname@example.org BY BIDDING, THE WINNING BIDDER HEREBY AGREES TO OUR SHIPPING DETAILS AS JUST STATED ABOVE. Although we like to hear from Bidders, all Bidders must refrain from contacting DANUTA INC. with shipping status requests until 4 weeks after the auction sale. Such requests delay DANUTA INC. in shipping, listing additional lots and handling other customer matters that were not already agreed to in advance. 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, graphics and photography. DANUTA INC. 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. LIMITATION OF LIABILITY In no event shall DANUTA INC. liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall DANUTA 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 DANUTA INC. 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. In the event that any reserve price of a lot is not exceeded by any Bidder’s bid DANUTA 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 DANUTA INC. and are not disclosed to Bidder’s 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 placed, once accepted by DANUTA 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. 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, 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 DANUTA INC. 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 DANUTA INC. may have under applicable law, you will be charged a re-stocking fee on transactions which are not installment payment. Bidder is responsible for any and all costs associated with collection of amounts owing from the Bidder, until collected; and USFJA 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. 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 DANUTA INC. 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 DANUTA INC. written authorization will be void. VENUE These terms and conditions, the contents of any listing and the contractual relationship between DANUTA INC. and any Buyer shall be interpreted under and governed by the laws of the State of California. 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. DANUTA INC. may attempt to describe the merchandise in advertising and on the Internet but makes no representations. In no event shall DANUTA INC. 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 present at the online auction or preview understand and acknowledge that they may not be able to inspect a 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. DANUTA INC. shall endeavor to describe in detail each lot and any pertinent information about it. DANUTA INC. 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 DANUTA INC. AUCTIONS or anyone else if the Internet service fails to work correctly before or during the online auction. DANUTA INC. AUCTIONS 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 proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. DANUTA INC. AUCTIONS reserves the right to withdraw or re-catalog lots in this auction.
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