SOLD
70.00USDto floor+ buyer's premium
This item SOLD at 2005 Sep 25 @ 10:24UTC-06:00 : CST/MDT
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PEARL - Heart Shape Pearl with Diamond Earrings - 10K
Auction Location:
Plano, Texas, United States
See terms and conditions
Taxes:
| Tax | Rate | Desc. |
| TST |
8.25% |
Texas Tax |
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
999.00 |
18% |
| 1,000.00 |
Infinite |
15% |
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
PayPal
Accepted Payment Methods:
- VISA
- Money Order/Bank Draft
- See Payment Details
Terms and Conditions established by Jeffrey Messer, Auctioneer dba GREAT WESTERN AUCTION & APPRAISAL SERVICES, hereby referred as GWAA, for all Jewelry Auctions.
CONDITIONS OF SALE
Participating and or bidding in this auction means that you acknowledge that you (Buyer) are in complete agreement with all Terms and Conditions of this auction sale as described herein. The following Terms and Conditions of Sale constitute Great Western Auction & Appraisal Services and the Consignor's (if applicable) full and complete agreement with the Buyer relative to the property listed in this auction. All contents of this auction can be amended exclusively by GWAA either by the posting of notices or by oral announcements made during the sale. The property will be offered by GWAA unless it is indicated otherwise. As a prerequisite to participating in this auction, you acknowledge that you are bound by these terms and conditions including but not limited to the following:
BIDDER REGISTRATION
Prospective Buyers are required to register prior to the auction. Registration is available at the Preview or online at www.ebayliveauctions.com. ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS PRIOR TO BIDDING. Any questions shall be directed to GWAA prior to bidding. Registrants attending the auction in person will be provided with a numbered card for bidding purposes. Registrants are responsible for payment of purchases resulting from all successful bids
PAYMENT METHODS
All payments must be made through PayPal. All major credit cards and e-checks are accepted through PayPal only. We are sorry but no personal checks, money orders or cashiers checks are accepted. When you are ready, click on the "Check Out Now" button located in the ad description so we may process your order. You must 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 Filters/Spam blockers, you may not receive communications from us and we may not be able to process your order.
NON-PAYING BIDDERS
GWAA 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. GWAA will then file a Non-Paying Bidder Alert to eBay (which will result in you being suspended indefinitely from eBay) if we do not receive payment by the eighth day after the end of the auction. You must notify us of any special circumstances that would delay you from meeting our payment policy requirements.
SALES TAX
Unless exempted by law, the Buyer is required to pay Texas State Sales Tax of 8.25% (if located within Texas) and any compensating use tax of another state, and/or any federal luxury or other tax, on the total purchase price including the Buyer's premium (if any). Sales tax can only be avoided if Buyer furnishes GWAA a valid resale permit or if the merchandise is shipped out of the State of Texas.
REFUND AND RETURNS POLICY
All item’s are Sold AS/IS WHERE IS, NO WARRANTIES/ NO GUARANTEES AND NO RETURNS. All items in the catalog are sold as described by the Seller of the item. No statement regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of liability by GWAA. If an item is materially different than was described by the Seller, Buyer shall have 48 hours from the date the property is received to notify the Seller and every effort will be made to satisfy the situation. After the 48 hour period all items are considered “as is”, without recourse.
SHIPPING & HANDLING
The cost of shipping and insurance will be $20 for the first item and $10 for each additional item up to $50 total. We can 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 OR INTERNATIONAL SHIPPING IS STRICTLY PROHIBITED. Please provide us with a physical United States residential or business address for delivery. You should receive your item(s) within 7 to 10 business days (excluding weekends & holidays) after you complete the 'check out' process and your payment is confirmed. Once your item is sent, you will receive a shipment confirmation and tracking number.
INTERNATIONAL BIDDERS
We do not accept international bidders. We can offer exceptions if the item can be shipped to an address within the Continental U.S.
DISPUTE RESOLUTION
Should a dispute occur between GWAA and Buyer (the parties) that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described below 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 resolution to Nicole Thibault, P.C. in the City of Arlington, Texas. Each party shall simply present their own case (limited to a maximum of one hour for each party) to Nicole Thibault, P.C., excluding witnesses, expert witnesses and attorneys. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a conventional manner including the use of attorneys, arbitration, mediation and any civil court in Texas having jurisdiction over the dispute. Any award determined by Nicole Thibault, P.C. shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute for the dispute remedy listed herein.
FEEDBACK
''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. 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 aim is to 'find a happy resolution' rather than resort to negative comments against each other. Please review eBay's Feedback Rules before resorting to leaving negative feedback. We expect that if you participate in our auction you will adhere to all of our terms conditions, conditions, rules and policies.
FEEDBACK DISPUTE RESOLUTION
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 or eBay’s feedback removal service to mediate the disputed Negative or Neutral Feedback, with the final result rendered by Square Trade or eBay being binding between the parties. If you fail to consent to Square Trade or eBay to mediate your disputed Negative or Neutral Feedback against us, then you are automatically in default per the terms of this agreement and you automatically and irrevocably authorize and instruct (without any written or verbal instructions) for Square Trade or eBay to remove your negative feedback against us. Your failure to respond to Great western Auction & Appraisal Services, eBay or Square Trades communications to you via Fax , U.S. Mail, email or verbally either in person or by telephone requesting your participation to the mediation confirms your default and your full and irrevocable authorization for Square Trade or eBay to remove the Negative Feedback. For more information on Square Trade, please click here: http://www.squaretrade.com/ Defamation, Slander & Libel claims made against us through posting Negative Feedback or other methods shall be resolved as per one or more of the Dispute Resolution remedies listed above.
DESCRIPTION OF LOTS
GWAA IS NOT A JEWELRY STORE and GWAA does not provide any gemological evaluation and/or analysis of mounted or un-mounted stones, finished or unfinished jewelry. GWAA solely relies on the item descriptions provided by its Consignor's and Gemological Laboratories. Item descriptions only represent an average material use by the Consignor(s), Gemological Laboratories and in no way or case shall GWAA or its Consigner(s), Gemological Laboratories 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. GWAA or its Consignor(s) are not responsible for errors and omissions in the description, glossary, or any supplemental material. The descriptions and any amendments thereto reflect GWAA's Consignor's sole opinion of the item(s) being auctioned. All property is sold AS IS without any representations or warranties by GWAA 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. GWAA 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. GWAA is not responsible for errors and omissions in the description, glossary, or any supplemental material. Written and oral descriptions are GWAA's 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. All sales shall be considered final. No statement written or oral made by GWAA shall be deemed a warranty or assumption of liability by GWAA or its consignor(s). All images shown are for identification purposes only and are not intended to represent the actual item(s), color or clarity of the item being auctioned. Multiples of the same item(s) may be auctioned with the same photo(s) and the item(s) may vary in appearance. GWAA 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. GWAA will provide Buyers any available gemological certificates in GWAA's possession. The item descriptions should, but may not necessarily state, whether these techniques have been used, and GWAA makes no representations or warranties, express or implied, as to whether any natural stones have been treated.
ESTIMATES
The replacement values quoted are for insurance purposes only and shall not be considered as the actual value of the item. Please remember that jewelry/gemstone evaluation, analysis and appraisals are extremely subjective, and therefore an estimate of the insurance 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 by GWAA. GWAA shall not be responsible for any claims or disputes arising from any item described herein and GWAA, 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. GWAA has made no representation or warranty in connection with any item(s) described herein.
VERIFICATION
It is the responsibility of prospective bidders to verify property before bidding to determine its condition. Your bidding will implicitly acknowledge 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 strongly 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.
WITHDRAWAL
We reserve the right to withdraw any property prior to the end of the sale and shall have no liability whatsoever for such withdrawal.
BIDDING
GWAA reserves the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged will be the actual Buyer. Should a dispute arise between bidders, or in the event of doubt on GWAA's part as to the validity of any bid, GWAA 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. GWAA shall be the sole arbitrator in case of any disputed bid.
RULES
Should any dispute occurs between bidders, GWAA reserves the exclusive right to cancel the auction and immediately re-list the item up for bid. GWAA's sole discretion shall be binding upon all bidders. GWAA reserves the right to group multiple lots together and prior to bidding, withdraw any lot from the sale. The highest bidder acknowledged by GWAA shall be the Buyer except in the case where the bid is held by the reserve. GWAA may accept or reject any bid amount at its sole discretion. GWAA reserves the sole right to refuse to honor any bid that is not submitted in good faith or supported by references to the satisfaction of GWAA. Buyer personally guarantees the payment of the item(s) for this sale. If GWAA deems that the Buyer is in default, GWAA 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 GWAA and/or resell the lot(s) in any matter necessary by GWAA. GWAA may be a consignor of this sale. GWAA 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 GWAA, then GWAA shall provide a complete refund to Buyer). Buyer agrees to hold GWAA harmless from any and all liability arising from GWAA, 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.
LIMITATION OF LIABILITY
Our liability to a Buyer will not in any case exceed the purchase price actually paid for an item. GWAA shall not be liable for any breach or default of a consignor. GWAA's liability for any breach, or act or omission cannot exceed the purchase price actually paid by the Buyer, and GWAA shall not 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 item or its purchase, sale, delivery or non-delivery, or the acts or omissions of GWAA or GWAA's agents, representatives, officers, members, managers, directors, employees and/or affiliates.
SEVERABILITY
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.
NO ASSIGNMENT
Absent written consent from GWAA, Buyers may not assign their rights or any of their obligations relating to an auction or other sale by GWAA. Any assignment without GWAA's written consent will be void.
COMPLETE AGREEMENT AND BINDING AGREEMENT
The Terms and Conditions (which for all purposes include the Conditions of Sale) contain all of the provisions applicable to the agreement between GWAA, 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. These Terms and Conditions shall be binding on Buyer's heirs, beneficiaries, executors, and successors and permitted assigns.
CONTRACT MODIFICATIONS AND WAIVER
These Terms and Conditions may not be changed, unless GWAA agrees in writing. A waiver shall not be effective unless it is in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by GWAA shall not be a waiver on any other or future occasion or affect GWAA’s right to insist on strict performance of all other provisions.
CONTACT INFORMATION
Great Western Auction & Appraisal Services
Customer Service
Email: jeffmesser@jeffmesser.com