Auction Terms
1- This is a public auction and is conducted by a licensed auction company. There will be a Buyer's premium added to your invoice (Online Bidders), unless otherwise stated on the catalog page. The auctioneer will open bidding at a reasonable price, or the pre-bid amount on each lot, and may set bidding increments as he/she deems necessary. The auctioneer's decisions are final. No lots will be broken.
2- Lots will be sold to the highest bidder. Absentee bids will be treated as limits, if applicable. Absentee bidders may call: (760)610-4175 to place phone bids. Absentee bidders will be charged a 18% buyer's premium.
3- All purchases over $5000 will require a wire transfer as method of payment.
4- GWS Auctions, LLC requires all winning bidders to sign a credit card authorization form "approving" their purchase/transaction.
5- GWS Auctions, LLC does in-house shipping for its buyers, at the buyer's expense.
6- We will combine shipping for bidders that purchase more than one lot. Items will be shipped within 3-5 business days of receipt of payment in full.
7- GWS Auctions, LLC reserves the right to refuse any bid, for any reason at any time. We reserve the right to pull any items at any time from our auction. We reserve the right to retract bids as we feel fit. We may not honor bids on items that are selling for a fraction of their actual value.
8- Wording, which is subjective, and other adjectival descriptions are the opinion of the Auction House. No warranty is expressed, implied or provided, since these opinions can and do vary among individuals. No lots may be returned by bidders.
8a- Any grading on diamonds, gemstones or coins are the opinion of the auctioneer, unless certification is provided. The bidder agrees to base their purchases on their own findings, not the opinion of the auctioneer, as opinions can and do vary. GWS Auctions, LLC is not responsible for third party grading that is provided on coins, jewelry, diamonds or any other item that comes with certification or appraisal. The bidder agrees to base any and all bids on their own findings.
9- All "Estimated Values" provided are based on retail prices on similar like items in the California retail market, and are estimated by a licensed and bonded auctioneer.
10- All Sales Are Final. ALL LOTS ARE AS-IS/WHERE-IS/WITH ALL FAULTS/WITH NO WARRANTY OR CONTINGENCIES.
11- All lots are sold AS IS and may have been worn, been previously repaired, altered, customized (including having been modified with after-market stones or had the bezel changed in its entirety on certain jewelry or watches). For purposes of our auctions, the terms "custom, modified, or after-market" may be used. Such wear, repair or changes may display varying levels of evidence. The bidder hereby acknowledges that the absence of any reference to the condition of a lot does not imply the absence of wear, repairs, customization, or defects. While GWS Auctions, LLC makes every effort to call to the attention of bidders the use of after-market parts in jewelry and watches sold, the use of such parts or stones shall not constitute a warranty or representation that the items are original in their entirety.
12- It is the sole responsibility of the bidder to inspect the property prior to auction, and arrange and pay for any inspections that they may deem necessary.
13- All sales are final & in US Dollars. GWS Auctions, LLC is not responsible for state taxes, import taxes or any other fees/costs that are or could be incurred by the buyer.
14- Payment in full must be received no later than the first Tuesday following the auction.
15- Bids on behalf of corporations must be personally guaranteed by one or more of it's officers. Any credit card payment made by a corporation is subject to a 4.25% charge. Each bidder is responsible for his/her bids, and cannot act for a third party without a "full authority power of attorney" that has been signed and notarized.
16- Bidder agrees to indemnify and hold Auctioneer harmless from any claim, loss or damage or fault as a result of the auction, and to bear the risk of any loss or damage to any property included in said auction
17- The buyer is responsible for attorney, all judicial fees, and all expenses involved in collection of outstanding invoices.
18- MEDIATION: Bidder and Auctioneer agree to mediate any dispute or claim they may have concerning the enforcement of this agreement. The mediation shall be held in Palm Desert, California or any other location agreed upon in writing by the parties to the mediation with the mediator selected by agreement of the parties. If the parties cannot agree upon a mediator, each party shall select an independent mediator and those mediators shall select a mediator of the dispute. Should any party fail to mediate their dispute prior to turning to litigation, that party shall lose its right to attorneys' fees as stated below even if determined to be the prevailing party.
19- GOVERNING LAW: Bidder and Auctioneer agree that the exclusive course of action in any dispute or litigation concerning the enforcement of this agreement shall be held in the Indio Branch of the Riverside County Superior Court, State of California applying applicable California law.
20- ATTORNEYS' FEES: In the event of any dispute concerning the enforcement of this agreement, including an action for declaratory relief, the prevailing party in that dispute shall be entitled to their reasonable attorneys' fees in addition to any other relief to which that party may be entitled.
21- If you are the winning bidder, you must pay for the item, no exceptions. If you need immediate assistance please call our auction house at: 760-610-4175. If you wait until the auction is over to report a problem with a bid that resulted in a win, and do not pay, you will forfeit your deposit, subject to a 18% buyer's premium. NO EXCEPTIONS. If you win any items, and do not pay you will be responsible for a 35% restocking fee and we will send your invoice to collection.
22- Please note: Bidding in this auction, whether in person or on the internet, constitutes full acceptance by the bidder of the foregoing terms of sale.
23- Please see payment information & shipping information sections online for payment and shipping procedures and details.
24- IF YOU PAY FOR YOUR ITEM, AND THEN FAIL TO PAY YOUR COSTS FOR SHIPPING WITHIN 7 DAYS OF THE DATE WE CONTACT YOU, YOUR ITEM WILL BE CONSIDERED "ABANDONED PROPERTY", AND YOU WILL NOT BE REFUNDED YOUR PURCHASE PRICE.
Payment Instructions
PLEASE WAIT FOR AN INVOICE TO BE SENT TO YOU AFTER THE AUCTION -
IF BUYING OFF OF EBAY LIVE, PLEASE WAIT UNTIL WE SEND YOU AN INVOICE TO PAY, IF YOU TRY TO PAY BEFORE IT WILL CAUSE A DELAY DUE TO A GLITCH IN THE EBAY SYSTEM. THANK YOU SO MUCH! Hello, and thank you for bidding in our auction. We truly believe that we have some of the best customers in the world online! We are now offering a 18% buyer's premium if you do a wire transfer, if bidding online. ALL INTERNATIONAL BIDDERS ARE REQUIRED TO PAY BY WIRE TRANSFER ONLY. Please call us should you have any questions at: (760) 610-4175. Thank you so much, and please folks, ENJOY OUR AUCTION - Brigitte Kruse (Lead Auctioneer)
We may allow you to pay for items you win using an online payment service powered by WePay, Inc. (?WePay?). Your use of the WePay payment service (the ?Payment Service?) is solely governed by WePay?s Terms of Service and Privacy Policy located at www.wepay.com/legal (collectively, the ?WePay Terms?). All transactions, using the Payment Service or otherwise, remain subject to the applicable terms and conditions herein (including the refund policies posted therein). You may not use the Payment Service to engage in activities prohibited by the WePay Terms or otherwise to violate applicable law.
If you use the Payment Service, you will be required to provide information regarding your credit card or other payment instrument. You represent and warrant to [Auction House] that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay [Auction House] the amount that is specified for the item(s) you are purchasing in accordance with the applicable terms and conditions herein. If after three (3) business days you fail to pay for the items you win in full, the [Auction House] reserves the right to charge your credit card on file the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges).
In the event you file a chargeback with your credit card facility to reverse or invalidate a processed payment, [Auction House] and WePay have the right to contest any such chargeback in accordance with the WePay Terms. We and/or WePay may request necessary information from you to contest the chargeback. If the chargeback is contested successfully, your payment will be released to WePay. If a chargeback dispute is resolved in your favor, you will recover the chargeback amount through your credit card facility.
Shipping Terms
BUYER PAYS ALL SHIPPING & PACKAGING MATERIAL COSTS--WE DO IN-HOUSE SHIPPING, UNLESS YOU HAVE A LARGE PURCHASE OR HIGH DOLLAR ITEM.We will combine shipping on multiple lots for our winning bidders. Shipping insurance and signature confirmation is required on each package at buyer's expense.
All items will be shipped within 4-6 (BUSINESS) days of the auction, or once payment in full is received.
In the event that you need to make a claim with FedEx you will need to complete the following:
1) KEEP THE BOX, ALL PACKING MATERIAL & THE DAMAGED ITEM (INCLUDING ALL BROKEN OR DAMAGED PIECES).**IF YOU THROW AWAY THE BOX AND PACKAGING FEDEX WILL DENY YOUR CLAIM.
We do in-house shipping. All packages will require signature confirmation, tracking & insurance. We will not ship to PO Boxes.IF YOU PAY FOR YOUR ITEM, AND THEN FAIL TO PAY YOUR COSTS FOR SHIPPING WITHIN 7 DAYS OF THE DATE WE CONTACT YOU, YOUR ITEM WILL BE CONSIDERED "ABANDONED PROPERTY", AND YOU WILL NOT BE REFUNDED YOUR PURCHASE PRICE. **PLEASE NOTE: WE DO OUR BEST TO GET THE ITEMS OUT AS SOON AS POSSIBLE, IF YOU REQUIRE IMMEDIATE SHIPPING YOU CAN CONTACT US, AND WE CAN ARRANGE EXPEDITED SHIPPING FOR AN ADDITIONAL $25 FEE.**
