|
|
|
Our Terms and Conditions:
All goods are subject to availability based on "First Come, First Served" basis.
If you make an offer to purchase an item, you are expressing your ability to buy the item.
All accepted offers must be honored by Customer's payment as soon as offer is accepted and confirmed by Gem Auction., Inc. via email.
The following, as amended by any verbal announcements during a sale, constitutes the terms and conditions upon which merchandise shall be offered for sale or sold by Gem Auction., Inc.. The act of buying and/or offering by any person or entity ("Buyer") on any item offered for sale by Gem Auction., Inc., is deemed acceptance of all of the terms and conditions set forth herein below.
Gem Auction., Inc. reserves the right to refuse selling to any buyer at any time for any reason.
1. PAYMENT:
Due: Payment is due upon completion of sale, and must be received by Gem Auction., Inc., P.O. Box 3383, Torrance CA 90510-3383 USA, within three (3) business days from the invoice date.
All payments must be made in lawful money of the United States, payable to: Gem Auction Inc..
Please include your shipping address and any special requests with your payment. Payment will not be deemed made in full until we have collected all amounts due in cash or good funds represented by cleared checks, U.S. cashier's checks, or wire transfer. All sums due and not timely paid shall bear interest at 1 1/2% per month from the tenth (10th) day following the closing sale date to the date payment is received.
Checks: Personal checks may be accepted in the discretion of Gem Auction., Inc.. However, the merchandise will not be shipped until the check is cleared (10) business days. There will be a $35.00 fee for all returned checks. Personal money orders will be considered as personal checks.
Cashier Checks and Money Orders: U.S. banks cashier checks and U.S. banks or postal money order are accepted and the merchandise will be shipped within the maximum of 2 business days.
Bank Wire transfere : We accept payement by bank Wire, please email us to get our Bank Wiring details.
Delivery: Delivery and shipping of merchandise shall not be made prior to receipt of full payment. If payment is made with a non-personal money order, cashier's check or Bank wire, merchandise will be shipped within maximum of 2 business days. For UPS Next Day Air shipment, payment must be received in our office by 10:30am Pacific Time in order to process shipment on the same day.
Taxes: California residents must pay applicable sales tax (presently 9.25% in Los Angeles County, California).
Non-payment: If payment is not received by the 3rd day following the closing sales date, the item(s) will be relisted and offered to other buyers.
2. SHIPPING:
Combine items in one invoice as many as you wish.
United States: Shipping is $9.95 for all orders up to $100.- value and $1.45 insurance premium for each additional $100 value for all ground service orders within the 48 continental United States (excluding Alaska, Hawaii, Puerto Rico, and Virgin Islands). Service by U S mail service only. For areas where UPS Ground Services is not deliverable, US first class mail will be used FREE of charge. All deliveries must be made to a physical street address. NO P.O. Box are accepted. For expedited service, please check our "Carrier & Expedited Services" rates below.
.Carrier & Expedited Services: Shipping will be handled through UPS ground service. Expedited services are available at the following rates (subject to change): UPS 3-day $14.00; 2-day $11.00; Overnight $32.00. Any package returned due to an incorrect shipping address provided by Buyer will be subject to additional fees and charges (US Mail service only for International shipping). Please track your package(s) online using our tracking number.
3. REFUNDS & RETURNS: Our Generous Return Policy
All items purchased may be returned for a full refund, excluding shipping and insurance fees and charges, subject to the conditions set forth in this paragraph. Returns must be received by Gem Auction inc. within ten (10) days from the date on which the item was received by the Buyer. Returns must be accompanied with the invoice or invoice number. Any merchandise that is switched, altered or damaged will not be accepted by Gem Auction., Inc. for refund or return. Items may be returned after the return grace period for exchange within 30 days if it is in the same condition as shipped and upon the acceptance of Gem Auction Inc.
This right to return goods is available to the original purchaser only and may not be assigned to or relied upon by any subsequent transferee of the goods sold. Nothing in this paragraph shall be construed as an admission by us of any representation of fact, express or implied, obligation or responsibility with respect to any property. THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AGAINST Gem Auction., INC. IN THE EVENT OF THE PURCHASER'S DISSATISFACTION WITH PROPERTY SOLD HERE UNDER, FOR ANY REASON WHATSOEVER, IS THE LIMITED RIGHT OF RECISION DESCRIBED IN THIS PARAGRAPH. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
4. CERTIFICATION:
A Gem Lab Testing Certificate is available for each item from a licensed gem lab. who is not involved in the business of buying and/or selling gemstones. A suggested replacement value will be stated in the certificate only upon request.
- For all single item(s) sold over $1,000.00 USD: Gem Lab Testing Certificates will be provided free of charge to the buyer (excluding semi-mountings and parcels).
- For all items sold under $1,000.00 USD: Gem Lab Testing Certificates will be provided upon request for a fee of $45.00 for the first item and $35.00 for each additional item within the same shipment. This certification fee is non-refundable.
- Any verbal or written appraisals or certificates obtained by Buyers from sources other than G.I.A. lab are not acceptable to us. No Return will be accepted and no refund will be issued based upon such evaluation.
5. LIABILITY:
If Gem Auction Inc. is prevented by fire, theft or any other reason whatsoever from delivering any property to a purchaser, our liability shall be limited to the amount actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. Any and all statements made orally or in writing concerning any property are qualified statements of opinion and are not representations or warranties. No employee of Gem Auction., Inc. is authorized to make on our behalf or that of the consignor any representation, oral or written, with respect to the property, except as expressly provided in this agreement. All property sold by Gem Auction., Inc. is sold "as is" and Gem Auction., Inc. makes no warranty, express or implied, as to the correctness of description, genuineness, attribution, provenance or period of the property.
6. WITHDRAWAL:
We reserve the right to withdraw any property at any time before the actual sale.
7. GOVERNING LAW/ARBITRATION:
These conditions of sale and all rights and obligations here under are governed by California law. By buying, whether in person or by agent, telephone or other means, the purchases or Buyer agrees to be bound by these Conditions of Sale. The parties shall submit any dispute concerning the interpretation of or the enforcement of rights and duties under this Agreement to final and binding arbitration pursuant to the American Arbitration Association Rules. At the request of any party, the arbitrators, attorneys, parties to the arbitration, witnesses, experts, court reporters or other persons present at the arbitration shall agree in writing to maintain the strict confidentiality of the arbitration proceedings. Arbitration shall be conducted by a single, neutral arbitrator, in Los Angeles, California, appointed in accordance with the American Arbitration Association Rules. The award of the arbitrator(s) shall be enforceable according to the applicable provisions of the California Code of Civil Procedure. The arbitrator(s) may award damages and/or permanent injunctive relief, but in no event shall he arbitrator(s) have the authority to award punitive or exemplary damages. Notwithstanding the foregoing, a party may apply to a court of competent jurisdiction for relief in the form of a temporary restraining order or preliminary injunction, or other provisional remedy pending final determination of a claim through arbitration in accordance with this paragraph. If proper notice of any hearing has been given, the arbitrator(s) will have full power to proceed to take evidence or to perform any other acts necessary to arbitrate the matter in the absence of any party who fails to appear.
8. ATTORNEYS' FEES & COSTS:
In the event of any arbitration or action at law in equity between the parties hereto to enforce any of the provision hereof, the unsuccessful party or parties to such action or arbitration shall pay to the successful party or parties all costs and expenses, including reasonable attorneys' fees incurred therein by such successful party or parties, and if such successful party or parties shall recover judgement in any such action or proceeding, such costs, expenses and attorneys' fees may be included in and as part of such judgement. The successful party shall be the party who is entitled to recover his costs of suit, whether or not the suit proceeds to final judgement. If no costs are awarded, the successful party shall be determined by the court.
9. SEVERABILITY:
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
10. CANCELLATION:
Cancelled invoices prior to shipping and/or refused packages by customer is subject to a 25% cancellation fee.
|
|
