NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2007 Jan 12 @ 09:00UTC-08:00 : PST/AKDT
Tell your loved one "Happy Birthday!" with this soft, cuddly bear. His sweet smile and colorful wrapped gift will have even the oldest recipient feeling young at heart.
Not recommended for children under 3. Polyester. 7 1/2" x 6" x 8" high. Exclusive item for SMC Members Only!
Product Name: BIRTHDAY MESSAGE BEAR
Available: YES
Auction Location:
Brockville, Ontario, Canada
See terms and conditions
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
9,999.00 |
15% |
| 10,000.00 |
Infinite |
15% |
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
Accepted Payment Methods:
- VISA
- AMEX
- Discover
- PayPal
- See Payment Details
The following are the Terms and Conditions established by (Tribal Memories) the “seller” for this
auction.
<Br>
CONDITIONS OF SALE
<Br>
By participating and or bidding in this auction you acknowledge that you (Buyer) are in full agreement with
all of the Terms and Conditions of this auction sale described herein. The following Terms and Conditions of
Sale and Guarantee are Tribal Memories and the Consignor's (if applicable) entire agreement with the Buyer
relative to the property listed in this auction. Any and all contents of this auction are subject to amendment
exclusively by Tribal Memories by the posting of notices or by oral announcements made during the sale. The
property will be offered by Tribal Memories unless the indicated otherwise. By participating in this auction,
you acknowledge that you are bound by these terms and conditions including the following:
<Br>
INTERNATIONAL BIDDERS
<Br>
We do accept International Bidders
<Br>
PAYMENT METHOD
<Br>
Payment must be made through PayPal. All major credit cards are accepted through PayPal only. Sorry no
personal checks, money orders or cashiers checks accepted. Please click on the "Check Out Now" button shown in
the ad so we may process your order. If you have any difficulties with the check out process, please contact
us at tribal_memories2006@yahoo.com. Also, make sure that your current e-mail address is the same e-mail
address that is registered in your 'My eBay Preferences/Personal Information Page' to ensure proper
communication. If you have email Filters/Spam blockers, you may not receive communications from us and we may
not be able to process your order.
<Br>
BUYERS PREMIUM
<Br>
A 15% buyer’s premium will be added to all orders won in this auction event.
<Br>SALES TAX
<Br>
Unless exempted by law, the Buyer is required to pay Ontario Sales Tax of 8% (if located within Canada) the
total purchase price including the Buyer's premium (if any). Sales tax is only void if Buyer furnishes tribal
MemorieS a valid resale permit or if the merchandise is shipped out of Ontario
<Br>REFUND RETURN POLICY
<Br>
We offer an unconditional, 'No Hassle-No Questions Asked' 7-day money back guarantee. If you are not satisfied
with your merchandise for any reason, you may return it within 7 days after receipt and receive a refund less
all shipping & handling, and insurance. To receive a refund you must return your merchandise to us at the
address on your packing slip/receipt within 7 days after you receive it. Please properly pack the merchandise
and include the original jewelry gift box, jewelry tag, copy of the receipt and gemological report (if
applicable) and return it via an insured & trackable method such as, USPS, UPS or FedEx. Merchandise must be
returned undamaged and in its original condition. Refunds are generally made within 10 BUSINESS DAYS
(excluding weekends & holidays) after we receive the returned merchandise.
<Br>SHIPPING & HANDLING
<Br>
To estimate the shipping costs, please click on the shipping rate calculator in any of our eBay ads. We are
happy to combine orders for you if you check-out at one time within a 5 day period. Insurance will be included
for all shipments. We are not responsible for any items that are lost, damaged or stolen while in transit. If
you have any questions about insurance & shipping costs, please contact us before bidding.
SHIPPING TO P.O. BOXES IS STRICTLY PROHIBITED. You must provide us with a physical United States residential
or business address for delivery. You can generally expect to receive your item(s) within 3 WEEKS after you
complete the 'check out' process and your payment is confirmed.
<Br>NON-PAYING BIDDERS
<Br>
Tribal Memories must receive payment within 7 days of the end of auction. If payment is not received within
the 7 days, you will be in default and your right to the item(s) will automatically be forfeited. Tribal
Memories will then file a Non-Paying Bidder Alert to eBay (which can and result in you being suspended
indefinitely from eBay) if we do not receive payment by the eighth day after the end of the auction. We also
reserve the right to file against your credit. You must notify us by e-mail of any special circumstances that
would delay you from meeting our payment policy requirements.
<Br>FEEDBACK
<Br>
PLEASE NOTE THAT WE ARE AN AUCTION HOUSE AND NOT A JEWELRY STORE. The item description, Gemological Report (if
applicable) and other information we provide to you is the information that is provided to us by our
consignors and gemological laboratories. Therefore, it is unreasonable for anyone to leave Negative Feedback
considering our ''No Hassle-No Questions Asked'' return & refund policy.
Your Complete Satisfaction is our top priority. Positive Feedback is always encouraged and greatly
appreciated. If you leave us Positive Feedback, we will promptly provide you the same. Negative or Neutral
Feedback is highly discouraged. If you are not satisfied with your purchase, please return it for a refund as
per our return policy. Further, please allow us the opportunity to remedy any adverse situation. If you
provide us with Negative or Neutral Feedback, you will automatically receive the same in return if we
disagree. Our policy is to 'Find a Happy Resolution' rather than resort to negative comments against each
other. We are very fair and easy to deal with. Please review eBay's Feedback Rules before resorting to leaving
negative feedback. If you participate in our auction, please adhere to all of our terms conditions,
conditions, rules and policies.
<Br>FEEDBACK DISPUTE RESOLUTION
<Br>
If you leave Negative or Neutral Feedback against us and we do not agree, then you automatically and
irrevocably agree to consent to Square Trade to resolve the feedback dispute. If you fail to comply with
Square Trades request to mediate, then you automatically and irrevocably agree to ARBITRATION (as described
under this provision and the DISPUTE RESOLUTION provision below) to hear the Negative or Neutral Feedback
dispute, with the final result rendered by an arbitrator being binding between the parties. Any arbitration
award may be entered into a court of law and a judgment may be rendered by the court empowering/instructing
eBay to completely remove the Negative or Neutral Feedback comments. A judgment rendered by the court may also
include monetary damages. If you fail to submit to Arbitration, you will automatically be in default and the
arbitrator may proceed with the arbitration and enter an award in your absence.
<Br>DISPUTE RESOLUTION
<Br>
For any Dispute that occurs between Buyer and Seller (the parties) that cannot be resolved, then the parties
agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the
following procedures for Resolution of the Dispute: If either party alleges that the other party is in default
under this agreement, then the dispute or allegation shall be submitted for BINDING ARBITRATION, in Orange
County, California. Seller shall select a neutral arbitrator. The Arbitration process shall be started by
either party requesting Arbitration which must be served upon the other via one or more of the following
methods: certified mail, e-mail (read request receipt) or Fax (fax transmission report required). Failure to
respond to participate in the arbitration confirms a default. Each party shall simply present their case
(limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that
they are completely waiving their rights to have the dispute heard in Court of Law. The parties empower the
arbitrator to hear the dispute in Orange County California and agree that the arbitrator shall have complete
jurisdiction over the dispute and can issue an award to the prevailing party which can be confirmed in any
Court of law with proper jurisdiction. Arbitration fees shall be split equally between the parties. Any award
determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of
its actual paid fees in connection with the dispute.
<Br>DESCRIPTION OF LOTS
<Br>
Tribal Memories IS NOT A JEWELRY STORE and NEIMANS does not provide any gemological evaluation and/or analysis
of mounted or un-mounted stones, finished or unfinished jewelry. Tribal Memories solely relies on the item
descriptions provided by its Consignor's and Gemological Laboratories. Item descriptions only represent an
estimated opinion by the Consignor(s), Gemological Laboratories and in no way or case shall Tribal Memories or
its Consigner(s) be held responsible for any inaccuracies or differences which could occur by examination of
the item by other Gemological Laboratories or other experts in the field of grading gemstones and
jewelry.Tribal Memories or its Consignor(s) is not responsible for errors and omissions in the description,
glossary, or any supplemental material. The descriptions and any amendments thereto reflect Tribal memories
Consignor's sole opinion of the item(s) being auctioned. All property is sold AS IS without any
representations or warranties byTribal Memories as to merchantability, fitness for a particular purpose, the
correctness of the information or other description of the physical condition, size, quality, rarity,
importance, medium, provenance, exhibitions, literature or historical relevance of any property and no
statement anywhere, whether oral or written, whether made in the auction ad, an advertisement, a bill of sale,
a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or
assumption of liability.Tribal memories makes no representations and warranties, express or implied, as to
whether the Buyer acquires any copyrights, including but not limited to, any reproduction rights in any
property. Tribal Memories is not responsible for errors and omissions in the description, glossary, or any
supplemental material. Written and oral descriptions areTribal Memories consignor's sole opinions and should
in no way be considered as a guarantee of any kind whatsoever, including but not limited to, the age,
condition, description of materials or any other feature of item(s) being sold. We only offer Refunds as
described in the Refund Return Policy paragraph above. All sales shall be considered final. No statement
written or oral made by Tribal Memories shall be deemed a warranty or assumption of liability byTribal
Memories or its consignor(s). All images shown are for identification purposes only and are not intended to
represent the actual color or clarity of the item being auctioned. Tribal Memories disclaims responsibility
for, and prospective Buyers should solely not rely upon the details identifying metals, gemstones, weights,
sizes, quality, condition or authenticity of any lot described or condition report. Buyers shall note that
some natural gemstones may be processed by a variety of different techniques, including but not limited to,
treatments using oil, heat, dyes and resins which offer an enhanced appearance. Tribal Memories will provide
Buyers any available gemological certificates in Tribal Memoriespossession. The item descriptions should, but
may not necessarily state, whether these techniques have been used, and Tribal memoriesmakes no
representations or warranties, express or implied, as to whether any natural stones have been treated. Photos
displayed in ads may not be of the actual item if we have multiples.
<Br>ESTIMATES
<Br>
Quoted replacement values are for insurance purposes only and shall not be considered as the actual value of
the item. Since jewelry/gemstone evaluation, analysis and appraisals are extremely subjective, an estimate of
the retail replacement value may vary from one appraiser to another and such a variance does not necessarily
constitute an error on the part of any appraiser. Diamonds and Colored Stones are generally graded only as
mounting permits observation. The weight of Diamonds and Colored Stones are estimated by formula and may not
be completely accurate. Buyer assumes all risk in purchasing any item(s) auctioned byTribal Memories.Tribal
Memories shall not be responsible for any claims or disputes arising from any item described herein and Tribal
Memories, its employees, members, agents and/or affiliates shall not be liable for any loss, damage or expense
for any error in or omission arising from any information provided herein.Tribal Memories has made no
representation or warranty in connection with any item(s) described herein.
<Br>VERIFICATION
<Br>
Prospective bidders should verify property before bidding to determine its condition. Your bidding will
signify that you have verified the items to your satisfaction or that you have chosen not to verify them prior
to bidding and agree to accept the item (without objections) that you are bidding on. If you are uncertain
about any item being auctioned, we recommend that you e-mail us for more detailed information prior to
bidding. If you are still uncertain about the item after contacting us, please refrain from bidding.
<Br>WITHDRAWAL
<Br>
We reserve the right to withdraw any property prior to the end of the sale and shall have no liability
whatsoever for such withdrawal.
<Br>BIDDING
<Br>
We reserve the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged
will be the actual Buyer. In the event of any dispute between bidders, or in the event of doubt on Tribal
Memories part as to the validity of any bidTribal Memories will have the exclusive final discretion to
determine the successful bidder, cancel the sale, or to re-offer and resell the item in dispute and are not
responsible for any errors or omissions in connection therewith.Tribal memories reserves the right to protect
any reserve price by placing floor bids. Tribal memories shall be the sole arbitrator in case of any disputed
bid.
<Br>RULES
<Br>
If any dispute occurs between bidders, Tribal memories reserves the exclusive right to cancel the auction and
immediately re-list the item up for bid. Tribal Memories sole discretion shall be binding upon all bidders.
Tribal Memories reserves the right to group multiple lots together and prior to bidding, withdraw any lot from
the sale. The highest bidder acknowledged by Tribal Memories shall be the Buyer except in the case where the
bid is held by the reserve. Any bid amount may be accepted or rejected byTribal Memories at its sole
discretion. Tribal Memories reserves the sole right to refuse to honor any bid that is not submitted in good
faith or supported by references to the satisfaction ofTribal Memories. Buyer personally guarantees the
payment of the item(s) for this sale. If Tribal Memories deems that the Buyer is in default, Tribal Memories
may, in its sole discretion either cancel the sale of the lot(s) and retain as liquidated damages all of the
funds paid by Buyer to Tribal Memories and/or resell the lot(s) in any matter necessary by Tribal Memories.
Tribal Memories may be a consignor of this sale. Tribal Memories reserves the right to add or withdraw items
to or from the auction at any time prior to or after the auction without notice even if buyer has already paid
for the item (if the item is paid for by Buyer and withdrawn by Tribal Memories, thenTribal Memories shall
provide a complete refund to Buyer). Buyer agrees to hold Tribal Memories harmless from any and all liability
arising from Tribal Memories, its appointed officials, members, employees, auctioneer, the company and its
agent and employees, the event organizers, sponsors and or volunteers in connection with this auction.
<Br>LIMITATION OF LIABILITY
<Br>
In no event will our liability to a Buyer exceed the purchase price actually paid for an item. Tribal Memories
shall not be liable for any breach or default of a consignor. In no event shall Tribal Memoriesliability for
any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall
Tribal Memorieshave 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 item or its purchase, sale, delivery or non-
delivery, or the acts or omissions ofTribal Memories or Tribal Memories agents, representatives, officers,
members, managers, directors, employees and/or affiliates.
<Br>SEVERABILITY
<Br>
If any provision or portion thereof of the Conditions of Sale shall be void, unlawful or unenforceable under
applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining
provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
<Br>NO ASSIGNEIMANSENT
<Br>
Unless Tribal Memories consents in writing, Buyers may not assign their rights or any of their obligations
relating to an auction or other sale by Tribal Memories. Any assignment without Teribal Memories written
consent will be void.
<Br>COMPLETE AGREEMENT AND BINDING AGREEMENT
<Br>
The Terms and Conditions (which for all purposes include the Conditions of Sale) contain all of the provisions
applicable to the agreement between Tribal Memories, on the one hand, and each bidder and Buyer, on the other,
with respect to the subject matter of the Terms and Conditions. The provisions of the Terms and Conditions
supersede and extinguish all other agreements, representations or understandings, whether prior or
contemporaneous, oral or written, between the parties concerning that subject matter. The Terms and Conditions
shall be binding on Buyer's heirs, beneficiaries, executors, and successors and permitted assigns.
<Br>CONTRACT MODIFICATIONS AND WAIVER
<Br>
The Terms and Conditions may not be changed, unless Tribal Memoriesagrees in writing to Buyer. No waiver shall
be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one
occasion byTribal Memories shall not be a waiver on any other or future occasion or affect Tribal Memories
right to insist on strict performance of all other provisions.