Unique Statement Jewels Holiday Auction

TOBYLYNNGEMS INC TERMS AND CONDITIONS OF SALE These Terms and Conditions apply to any purchase by you of an item from us whether through an on line auction or otherwise. By bidding at auction you agree to be bound by these Terms and Conditions of Sale. These Terms and Conditions can be altered only by a writing signed by an authorized representative of Tobylynngems.INC These Terms and Conditions are in addition to any terms and conditions of any auctioneer administering an auction of jewelry of Tobylynngems INC DESCRIPTION OF ITEMS: We provide the best knowledge disclosed or known to us about auctioned items, but cannot guaranty the accuracy of such information. In the event that the data is materially inaccurate, we reserve the right to cancel that particular transaction. All measurements are approximate. All statements of value are estimates. Statements of weight, grade and quality of gems and other materials, such as gold and sliver, are believed to be accurate, but variations are possible. APPRAISALS: Appraisals, whether provided by Tobylynngems INC or obtained by Bidder before or after an auction, should be used for verification of gemstone and/or metal weight, size, and grade only, not actual value. Appraisal value should be considered for insurance purposes only, not actual value, as price varies greatly from retail locations thru out the world. Items should not be purchased with the expectation of resale for the appraised price, or for profit. INVESTIGATION OF LOTS: 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 at Tobylynngems@aol.com with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. DISCAIMER OF WARRANTIES: TOBYLYNNGEMS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. PRICING INFORMATION: A range of estimates may be given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling or resale price. RESERVE or MINIMUM PRICES: If a lot is offered subject to a reserve or minimum price (the confidential minimum price below which the lot will not be sold), the Auctioneer may implement such reserve by bidding on behalf of Tobylynngems, INC whether by opening bidding or continuing bidding until the reserve is obtained, or by placing consecutive bids, or bids in response to other bidders, or any other means deemed reasonable by the Auctioneer or Tobylynngems. WITHDRAWAL OF LOTS: TOBYLYNNGEMS INC RESERVES THE RIGHT TO WITHDRAW OR PASS ANY LOT AT ANY TIME BEFORE, DURING, OR AFTER THE AUCTION. REJECTION OF BIDS: TOBYLYNNGEMS INC RESERVES THE RIGHT TO REJECT IN ITS SOLE DISCRETION ANY BID FROM ANY BIDDER. BIDDING: The highest bidder acknowledged by liveauctioneers.com shall be the purchaser. Please bid responsibly and ask all questions (tobylynngems@aol.com) prior to placing a bid. Placing a bid is a legally binding obligation. In the event of any dispute between bidders Tobylynngems INC shall determine the successful bidder or to reopen bidding in its sole discretion. PURCHASE PRICE: The final purchase price will be the sum of the winning and accepted bid, all shipping charges to the purchaser. PURCHASE PRICE: The final purchase price will be the sum of the winning and accepted bid, all shipping charges to the purchaser, a $10.00 auction processing fee and an auction premium fee of 10% of the winning and accepted bid. TIME OF PAYMENT: Purchased items must be paid for within 48 hours after the completion of the auction. You will be emailed an invoice within 24 hours after the auction. It is your responsibility to contact us or email us at Tobylynngems@aol.com if you have any other questions regarding payment. If payment in full is not received the account will be reported to Live Auctioneers as a non-responsive bidder and the Bidder will not be able to participate in any further auctions. PAYMENT: We accept bank wire transfers, cashier's check or money orders. Phone credit cards payments are NOT accepted. PayPal payments are accepted only up to $10,000. All payments to be made only in US Dollars. FAILURE TO DELIVER: If we are prevented by fire, theft, or any other reason whatsoever from delivering any lot or item to the winning bidder/purchaser, our liability shall be limited to the sum actually paid by the winning bidder/purchaser for such lot or item. SALES AS-IS: NO ITEM OR LOT IS SOLD ON APPROVAL. ALL ITEMS AND LOTS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS OMISSIONS AND ERRORS IN THE WRITTEN DESCRIPTION, ESTIMATES, APPRAISALS, GRAPHICS AND PHOTOGRAPHY. ALL SALES FINAL/NO REFUNDS: ALL SALES ARE FINAL - NO RETURNS, REFUNDS, CACELLATIONS OR EXCHANGES. In the event that you request and are granted, in the sole discretion of Tobylynngems, Inc. a return, cancellation, or exchange or a refund is issued, you will be charged a 20% restocking fee and you will be responsible to pay all shipping fees, both to and from you. NO AUCTION PROCESSING OR PREMIUM FEES WILL BE REFUNDED. Any returned items must be received in the same condition as when originally shipped to you, or they will be returned to you at your cost. Any unauthorized returns will be refused. Delivery refusal of items shipped to the Bidder is a violation of these Terms and Conditions. SHIPPING: Tobylynngems, Inc. ships primarily by UPS and Federal Express ground within a commercially reasonable time following credit of the Bidder?s payment to Tobylynngems, Inc?s account. Tobylynngems, Inc. may require Bidder to pay any other outstanding balance Bidder may have with Tobylynngems, Inc. prior to shipment. On average, a successful Bidder may expect to receive items within 4 to 6 weeks following payment. The actual cost of shipping, insurance, registry and confirmation services is charged to the Bidder, as well as a packing/handling fee of $5.00 per item, to defray the cost of labor and supplies involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. International shipments and overnight shipments and similar specialized and expedited services will also incur additional costs, and will be used at Bidder?s request and/or in Tobylynngems, Inc?s discretion, Any such expedited shipment will be at Bidder?s cost and expense. All shipping costs charged to a Bidder's original invoice are estimates and Bidder will be responsible for all actual shipping costs. SHIPPING DAMAGES: Our responsibility for damage to or loss of any lot or item ends once it has been turned over to UPS, the USPS, or other shipping enterprise for delivery and/or packing. 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 (if insurance was available) or the carrier and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of Tobylynngems. Tobylynngems is not responsible to any loss resulting from items being shipped to an alternate address or recipient provided by Bidder. REMEDIES: In addition to any other remedies available to us by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, if any applicable conditions herein are not complied with by the Bidder, we at our option may either, a) cancel the sale, retaining as liquidated damages all payments made by the purchaser, or b) resell the property at public auction without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, incidental damages, and all other charges due hereunder. In the event that such a buyer pays a portion of the purchase price for any or all lots purchased, Tobylynngems Inc. shall apply the payment received to such lot or lots that Tobylynngems Inc., in its sole discretion deems appropriate. LATE PAYMENT CHARGES: We reserve the right to impose a late charge of 1 1/2% per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. ATTORNEY FEES: In the case of default, purchaser shall be liable for all of our reasonable legal fees and expenses. SECURITY INTEREST: A defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property owned by such purchaser that is in our possession. TAXES AND DUTIES: All prices are exclusive of any federal, state, municipal or foreign taxes or customs duties of fees of any kind and Buyer agrees to pay, in addition to the quoted price, an amount equal to such taxes, duties and fees. INTERNATIONAL TAXES: It is the obligation of any bidder outside of the United States to be aware of and instruct Tobylynngems INC regarding any special taxes, fees or duties applicable to Bidder?s particular circumstances or transactions. Bidder will indemnify and hold Tobylynngems Inc. harmless against all such taxes, fees and duties. LIMITATION OF LIABILITY: TOBYLYNNGEMS? INC LIABILITY TO BIDDER IN CONNECTION WITH ANY AUCTION OR SALE OF ANY ITEM OR LOT SHALL NOT EXCEED THE AGGREGATE PURCHASE PRICE PAID FOR SUCH ITEM OR LOT. IN NO EVENT SHALL TOBYLYNNGEMS BE LIABLE FOR SPECIAL, PUNITIVE, INCIDEN¬TAL OR CONSE¬QUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REGARDLESS OF THE FORM OF ACTION UPON WHICH A CLAIM FOR SUCH DAMAGES MAY BE BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS IN ITS ESSENTIAL PURPOSE. FORCE MAJEURE: Tobylynngems INC shall not be responsible for delays or failures in performance resulting from events or circumstances beyond its control. Such events shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmen¬tal acts or regulations, fires, com¬munica¬tion line failures, power failures, and earthquak¬es. Force Majeure cannot be used to excuse or delay any payment obligation.