Terms, Conditions & Refunds

1. Auctioneer is Agent for Vendor

Jewellery Auctions Unlimited Pty Ltd is the agent for the Vendor and is not responsible for any default by the Vendor or the Buyer.

2. Highest Bidder

Subject to any reserve price, the highest bidder shall be the Buyer and a dispute shall be settled by the Auctioneer who may at any time at his absolute discretion and regardless of the fall of the hammer re-open the bidding or withdraw the Lot from sale. The decision of the Auctioneer shall be final.

3.Regulation of Bidding

The Auctioneer has the right in his absolute discretion to refuse any bid and to advance and regulate the bidding as he decides and any bid acknowledged and relied upon by the Auctioneer may not be withdrawn.

4. Rights of Auctioneer and Vendor

The Auctioneer and the Vendor reserve the following rights which may be exercised by the Auctioneer without giving any reason therefore:

(a) not to offer for sale any Lot described in the catalogue;

(b) to offer for sale part only of any Lot described in the catalogue;

(c) to offer (2) or more of the Lots described in the catalogue as separate Lots or together as one Lot;

(d) should such Lots referred to in (c) of this Condition not be knocked down under the hammer to a successful bidder, to offer them as separate Lots;

(e) to keep secret the existence and amount of the reserve price (if any) of a Lot;

(f) in the event that any Buyer shall successfully bid for more than one Lot at the auction –

(1) to appropriate any moneys received from that Buyer in satisfaction or partial satisfaction of the Purchase Price due in respect of any one or more of such Lots to the total or partial exclusion of amounts due in respect of any other such Lot or Lots as the Auctioneer shall see fit; and

(2) to elect at any time to treat each Contract for the sale of each such Lots as interdependent with each other such Contract or Contracts and default under any such Contract shall be treated as default under all such Contracts;

(g) to bid on behalf of the Vendor or any prospective Buyer with or without disclosure;

(h) in the event that any Lot is not sold at the auction to offer to sell same thereafter by private treaty but otherwise subject to these Conditions; and

(i) to refuse any person or persons admission to, or eject them from, the auction site.
 

5. Buyer Bids as Principal

Every Buyer shall be deemed to bid as principal unless prior to the auction he discloses to Jewellery Auctions Unlimited Pty Ltd. that he will be bidding on behalf of a principal and supplies the full name and address of his principal and a copy of a written authority to bid for and on behalf of that principal and such authority is satisfactory to Jewellery Auctions Unlimited Pty Ltd.
 

6. Buyers Registration Form

Every bidder shall complete and sign a Buyers Registration Form. Proof of identity acceptable to Jewellery Auctions Unlimited Pty Ltd. may be required prior to entry to the auction premises.
 

7. Buyer’s Premium

The Buyer may be required to pay to Jewellery Auctions Unlimited Pty Ltd. a Buyers Premium based on a percentage of the Hammer Price. The terms of that premium will be published prior to the auction. The Buyer acknowledges that Jewellery Auctions Unlimited Pty Ltd. may also receive commission from the Vendor.
 

8. G.S.T

“G.S.T” means the goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Com) (as amended)

(a) Jewellery Auctions Unlimited Pty Ltd. will sell the Property to be auctioned on a G.S.T basis. The hammer price will therefore be exclusive of any G.S.T payable. Jewellery Auctions Unlimited Pty Ltd. will invoice the Purchaser for the hammer price, buyer’s premium and the applicable G.S.T. Jewellery Auctions Unlimited Pty Ltd. will account to the Vendor for any G.S.T payable on the hammer price actually recovered from the Purchaser. The Vendor will be responsible to pay the G.S.T to the Australian Tax Office.

(b) The purchaser must carefully assess whether input tax credits for any G.S.T paid in addition to the hammer price will be available. We recommend you contact your accountant or lawyer on this question.

(c) Jewellery Auctions Unlimited Pty Ltd. will mark its sale catalogue with a diamond “?” against each lot declared to be subject to G.S.T on sale. The Purchaser shall be responsible to pay G.S.T on the hammer price for lots marked with a diamond as a “taxable supply”.

(d) Jewellery Auctions Unlimited Pty Ltd. will provide the Purchaser with a valid ‘tax invoice’ if G.S.T is accessible on the sle.

(e) Any overseas buyer eligible for exemption from G.S.T must provide satisfactory proof to Jewellery Auctions Unlimited Pty Ltd.that the property has or will leave the country as an export within 60 days of its purchase.

(f) No exemption of G.S.T will apply to a buyer’s premium. G.S.T will be charged by Jewellery Auctions Unlimited Pty Ltd. to the purchaser on the buyer’s premium.
 

9. Statements made by Auctioneer

All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning a Lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the Lot.

10. Catalogue Descriptions

(a) Any representation or statement by Jewellery Auctions Unlimited Pty Ltd.t in any catalogue, advertisement or brochure as to the authorship, origin, date, age, period, attribution, genuineness, provenance, condition, quality, or estimated selling price of any Lot is a statement of opinion only. Any illustrations in the catalogue are solely for the guidance of prospective Buyers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfections in any Lot;

(b) Many Lots are of an age or nature which precludes their being in pristine condition and some descriptions in the catalogue make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others;

(c) Buyers must satisfy themselves as to all matters referred to in (a) and (b) above by inspection or otherwise prior to the date of the auction. The attention of Buyers is also drawn to the Explanation of Cataloguing Practice (if any) contained in the catalogue.

11. Exclusion of Warranties

(a) No error or misdescription or deficiency in quantity shall vitiate the sale and the Buyer shall be bound to take delivery of the Lot without any allowance or abatement in price.

(b) Any warranties which might otherwise be implied by the Sale of Goods Act 1923 are hereby excluded and shall not apply. All Lots are sold “as is” and Jewellery Auctions Unlimited Pty Ltd. and the Vendor make no representations or warranties as to any Lot other than those implied by the Common Law or by statute, the exclusion of which would render this Condition void or voidable or which would constitute an offence by the Auctioneer or the Vendor.

(c) Intending bidders must satisfy themselves by inspection or otherwise asto the nature of the Lot and must accept the same with all faults, patent or latent (if any).

(d) No warranty shall be implied from any affirmation made at the auction or otherwise but in all cases where an express warranty is intended, the same shall only be enforceable if reduced to writing and signed by the Vendor or by the Auctioneer as agent for the Vendor.

12. Guarantee

(a) If:

(1) within twenty-one (21) days of the date of the auction Jewellery Auctions Unlimited Pty Ltd. receives notice writing from the Buyer of any Lot that in his view the Lot is a Forgery, and

(2) within fourteen (14) days of such notice, the Buyer returns the Lot to Jewellery Auctions Unlimited Pty Ltd. in the same condition as at the date of the auction, and

(3) within a reasonable time thereafter, the Buyer satisfies Jewellery Auctions Unlimited Pty Ltd. that the Lot is a Forgery and that the Buyer is able to give a good and marketable title of the Lot free of any liens or encumbrances, thenJewellery Auctions Unlimited Pty Ltd. will set aside the sale and refund to the Buyer any amount paid for the Lot.

(b) Provided that the Buyer shall have no rights under this Condition if:

(1) he or she does not give the notice in writing within twenty-one (21) days as specified in Clause 11(a) (1),

(2) the catalogue description at the date of the auction was in accordance with the then generally accepted opinions of scholars or experts or fairly indicated that there was a conflict of such opinion, or

(3) it can be established that the Lot is a Forgery only by means of a scientific process not generally accepted for use until after the date of the auction or by means of a process which as at that date was unreasonably expensive or impractical or likely to have caused damage to the Lot;

(c) The Buyer shall not be entitled to claim under this Condition for more than the amount paid by him for the Lot and in particular shall have no claims for any loss, consequential loss or damage, whether direct or indirect, suffered by him

(d) The benefit of this Condition shall not be assignable and shall rest solely and exclusively in the Buyer who shall be the person to whom the original invoice was made out by Jewellery Auctions Unlimited Pty Ltd. in respect of the Lot when sold and who has since the auction retained uninterrupted and unencumbered ownership thereof.

13. Agreement for Sale and Payment of Purchase Price Upon the sale of a Lot, the Buyer shall:

(a) unless he has already done so, give to Jewellery Auctions Unlimited Pty Ltd. his name and address, and, if so required by Jewellery Auctions Unlimited Pty Ltd., proof of his identity and details of his bank or other suitable references;

(b) sign the agreement for sale (if any);

(c) pay to Jewellery Auctions Unlimited Pty Ltd. the Purchase Price within two (2) working days from the date of the auction unless such other terms or period have been specified or agreed to prior to the auction. Payment shall be made in Australian dollars by transfer direct to Jewellery Auctions Unlimited Pty Ltd. account.

(d) The Auctioneer may at his discretion require immediate payment or part payment of the Purchase Price in cash or otherwise upon the fall of the hammer.

 

14. Responsibility for Purchased 
Lots A purchased Lot shall be at the Buyer’s risk in all respects from the fall of the hammer whether or not payment has been made and neither Jewellery Auctions Unlimited Pty Ltd. nor the Vendor shall thereafter be liable for any loss or damage of any kind, whether caused by negligence or otherwise, notwithstanding that any Lot is in or under Jewellery Auctions Unlimited Pty Ltd. custody or control at the time of the occurrence of the loss or damage.

15. Collection of Purchases

(a) The property in a Lot shall not pass to the Buyer until the Purchase Price has been paid in full and has been cleared.

(b) No Lot may be taken away during the auction nor may any Lot be taken away until the Purchase Price has been paid in full.

(c) The Buyer shall remove at his expense any Lot purchased by him within two (2) working days from the date of the auction or such other time as may be specified or agreed to by Jewellery Auctions Unlimited Pty Ltd. and in this regard time shall be of the essence.

(d) Any removal shall be at the risk of the Buyer and, in such removal, the Buyer shall do no damage or shall forthwith make good any damage which may be occasioned.

(e) Any Lot or part thereof which the Buyer does not remove may thereafter be removed by Jewellery Auctions Unlimited Pty Ltd.or by some person firm or company engaged by Jewellery Auctions Unlimited Pty Ltd. or the Vendor and/or stored at the place at which the auction took place or elsewhere. Such removal and/or storage (whether made for the safety of the goods or for the convenience of the Vendor or Jewellery Auctions Unlimited Pty Ltd. or to enable resale of the Lot pursuant to Condition 15) shall be deemed to have been made by Jewellery Auctions Unlimited Pty Ltd. at the request of the Buyer and all costs incurred by Jewellery Auctions Unlimited Pty Ltd. or the Vendor in relation thereto shall be immediately payable by the Buyer to Jewellery Auctions Unlimited Pty Ltd. who may sue for and recover the same as liquidated damages.

(f) Any packing and handling of purchased Lots by Jewellery Auctions Unlimited Pty Ltd. is undertaken solely as a service to Buyers, and will only be undertaken at Jewellery Auctions Unlimited Pty Ltd. discretion and at the Buyer’s risk. Jewellery Auctions Unlimited Pty Ltd. shall not be liable in any event for any damage to glass or frames, irrespective of cause. Jewellery Auctions Unlimited Pty Ltd. shall not be liable for any errors or omissions or damage caused by packers and shippers that Jewellery Auctions Unlimited Pty Ltd. has recommended to Buyers.

(g) No Buyer shall resell or otherwise deal with any Lot or part thereof within the auction premises.

16. Remedies for non-payment or failure to collect purchases

(a) If a Buyer fails either to pay for or to take away any purchased Lot within two (2) working days of the auction or such other period as is specified at the auction, Jewellery Auctions Unlimited Pty Ltd. shall, without further notice to the Buyer and in its absolute discretion and without prejudice to any other rights or remedies it may have, and without being bound to give any notice, be entitled to exercise one or more of the following rights or remedies:

(1) to absolutely forfeit any moneys which the Buyer may have paid;

(2) to issue proceedings against the Buyer for damages for breach of contract;

(3) to rescind the sale of that or any other Lot sold to the Buyer at the same or at any other auction;

(4) to resell the Lot or cause it to be resold by auction or private sale. Any deficiency in the Purchase Price resulting from such resale (after giving credit for any payment made) together with the full costs incurred in connection with the resale (including commission and Expenses) shall be payable to Jewellery Auctions Unlimited Pty Ltd. by the Buyer and any surplus (if any) over the Proceeds of Sale of the initial sale shall belong to Jewellery Auctions Unlimited Pty Ltd.

(b) Without limiting the generality of the foregoing, Jewellery Auctions Unlimited Pty Ltd.shall be entitled to recover from the Buyer:

(1) the amount of any Vendors commission and Buyers Premium upon the purchase which the Buyer did not complete, as determined in accordance with the Published Rates.

(2) such sum for Expenses incurred by the Auctioneer in connection with or incidental to the auction or the resale, and

(3) where applicable, any GST, or any other tax or charge relating to or arising from the sale of the Lot.

(c) Should the same Buyer purchase more than one Lot at the same sale, then Jewellery Auctions Unlimited Pty Ltd. may at any time elect to treat each contract as interdependent with the others and default under any one contract shall constitute default under any or all of the others.

 

17. Auctioneer not Liable for Damage Loss or Injury

All persons attending an auction do so at their own risk and the auctioneer shall not be liable for any damage, loss or injury to person or property suffered for any cause whatsoever at any auction except insofar as the damage, loss or injury is caused by the direct negligence of Jewellery Auctions Unlimited Pty Ltd.

18. Law of these Conditions

These Conditions of Business shall be governed by and construed in accordance with the law of the State in which the sale has been conducted and all parties concerned hereby submit to the exclusive jurisdiction of that State’s Courts.

19. Sale by Private Treaty

Where applicable these Conditions shall apply where relevant to either a sale by auction or by private treaty.

  1. Notices

Any notice given hereunder shall be in writing and if given by post shall be deemed to have been duly received by the addressee in the ordinary course of post.

Disputes

All items are sold “as-is” and “where-is” with no warranties expressed or implied.

By participating in Jewellery Auctions Unlimited, all lots are sold as is and no refund, the bidder entirely agrees to the dispute resolution specified in the foregoing paragraph as the bidder’s SOLE means to resolve any and all disputes which may arise with Jewellery Auctions Unlimited,. By placing a bid the bidder specifically agrees that bidder will not file a dispute or chargeback of any kind with an online venue, a credit card, or any other third-parties.

Bidder specifically waives the right to initiate a credit card chargeback dispute on any basis of claim and agrees that bidder will pay King Of Auctions a minimum of $500 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event the Bidder violates this dispute resolution provisions, in consideration of Jewellery Auctions Unlimited, approval of the application of the bidder to bid in Jewellery Auctions Unlimited, bidder confesses judgment to fraud having been committed by bidder against Federal Government Liquidation and further agrees that bidder is liable to Jewellery Auctions Unlimited, for all damages, losses and costs, including time charges, resulting from charge backs or any claims. All sales are final with Jewellery Auctions Australia. In the event if Jewellery Auctions Unlimited does agree or consider on returning they will give instruction on how they would like to resolve the issue. 

ALL SALES ARE FINAL. Lots that have any defects, conditions, or discrepancies that were not disclosed or announced in the original listing must be reported to Jewellery Auctions Unlimited, within a maximum of 5 calendar days after delivery to be eligible for an exchange or claim. We make every effort to provide you with most accurate information/reports in regards to the quality, specifications and accuracy of our lots. Our auction report is not meant to serve as a guarantee or exact match to ALL OTHER REPORTS IN THE WORLD, as every Appraisal report may differ.

If any dispute occurs between a bidder and Jewellery Auctions Unlimited that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the 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 governed by the rules in the State of Queensland. TERMS Bidders agree to pay a minimum 11% buyer’s premium added to the hammer price of the lot being auctioned. Condition reports and/or Gemological reports in Auction catalogue are not guaranteed and may vary in accuracy. It is the responsibility of prospective bidders to inspect the goods. All reports, measurements, opinion of values, age and quality are offered, not guaranteed. Neither the Auction house, nor the consignor, is responsible for the accuracy of printed or verbal descriptions or its authenticity.

All jewellery items sold by Jewellery Auctions Unlimited are evaluated by third party appraisal firms where certified GIA gemmologists evaluate the weight, size and grade of gemstone and/or metal to determine the replacement value of the item. Please be advised that all appraisals are done for insurance purposes only and do not determine the actual value of the jewellery on Liquidation. The appraisals are done for the sole purpose of protecting the buyer in the event of damage or loss of purchased jewellery items from Jewellery Auctions Unlimited. Jewellery Auctions Unlimited is not responsible for the opinions and appraisals of any third-party appraisal firms and their experts. Our representatives do not claim any expertise. Any condition statement is given as a courtesy to a client; it is only an opinion and should not be treated as a statement of fact. We shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging.

Any dispute of purchase must be made within 7 days of sale. All purchases in the state of Queensland are subject to the applicable Goods and Services Tax (10%) unless the purchaser has a valid tax exemption number that will be applied to the invoice. High and low estimates are provided solely for comparison purposes and for the Auctioneers use only; customers should not use this figure as a true determination of value or confuse an estimate with an appraisal. Gold and Diamond Auctioneers makes no warranties of any kind relating to them. Lots may have reserves or minimum selling prices. This confidential figure is set by consignor. Our auction team will exercise all reserve bids. The record of sale kept by the auction house is final if any dispute arises. Bidder shall be responsible for all costs of collection, including court costs and reasonable attorney’s fees. By participating in our Auction through the internet, bidders consent to the jurisdiction of the Courts where the Auctions are held. WE RESERVE THE RIGHT TO ACCEPT OR DENY ANY BID PLACED through jewelleryauctionsunlimited.com.au. LOTS MAY HAVE RESERVE. OUR IN-HOUSE AUCTION TEAM WILL BID AGAINST THE RESERVE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT BID. When bidding on an item via jewelleryauctionsunlimited.com.au, the winning bidder will immediately be charged 10% of the winning bid if accepted by the vendor in addition to the buyers premium. The winning bid will be charged from the valid debit card details provided upon registering their account.

We accept bank transfers, cash and money order via Stripe or Xero. International invoices over $10,000 require a bank transfer, as do the sale and certain other high value items at our discretion. For items purchased online, you will be emailed an invoice within 48 hours after the Auction. It is your responsibility to contact Jewellery Auctions Unlimited at 07 3924 2680 or email info@jewelleryauctionsunlimited.com.au, if you are unable to pay through our online check-out system. Jewellery Auctions Unlimited reserves the right to hold all purchases until payment has cleared to the satisfaction of Jewellery Auctions Unlimited and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.

Bidder shall be responsible for all costs of collection, including court costs and reasonable attorney’s fees. By participating in this auction through the internet, bidders consent to the jurisdiction of the Courts where the Auctions are held.

DISPUTES/ CHARGEBACKS By participating in Jewellery Auctions Unlmited,, the bidder entirely agrees to the dispute resolution specified in the foregoing paragraph as the bidder’s SOLE means to resolve any and all disputes which may arise with Jewellery Auctions Unlimited,. By placing a bid the bidder specifically agrees that bidder will not file a dispute or chargeback of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiate a credit card chargeback dispute on any basis of claim and agrees that bidder will pay Pacific Auction House, a minimum of $300 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of Jewellery Auctions Unlimited, approval of the application of the bidder to bid in Jewellery Auctions Unlimited, auction, bidder confesses judgment to fraud having been committed by bidder against Jewellery Auctions Unlimited, and further agrees that bidder is liable to Jewellery Auctions Unlimited, for all damages, losses and costs, including time charges, resulting from chargebacks or any claims. 

FREE Domestic Shipping for all orders, Free International shipping for orders over $1,250. Bidders pays shipping cost and applicable tax/duties. We ship within 5-7 business days after receipt of payment. Tracking numbers will be emailed once merchandise is shipped. Jewellery Auctions Unlimited provides shipping service as a convenience to our customers. Jewellery Auctions Unlimited, includes an estimated amount in the Pacific Auction House, invoice post sale. All domestic shipments are insured at the total bid amount contained in the shipment. Jewellery Auctions Unlimited, pays for insurance services at its own expense as security for both our customers and Jewellery Auctions Unlimited,. We also require a direct signature from the bidder upon delivery. Large, heavy, fragile or otherwise unusual items may incur additional charges. Pacific Auction House, utilizes Australia Post or FedEx ground shipping for U.S. domestic shipments, which may take between three and seven business days . 

Under special circumstances, Pacific Auction House, may ship items using UPS or FedEx Express mail, private carriers or pack and ship companies, the cost of which will be charged to the bidder. Shipping and handling charges to foreign countries often require registry or express mail. The shipping carriers may also limit insurance coverage to foreign locations. Jewellery Auctions Unlimited, will ship items to foreign locations using the same classes of mail service and additional postal services that it uses to ship to U.S. domestic locations, to the extent that such services are available.

All sales are final. In certain situations, if an exception is made, a RETURN MERCHANDISE AUTHORIZATION must be issued to return an item. In the event of a return, the Buyer’s Premium will not be refunded. Buyer is responsible for all return shipping and insurance. Please note that returns are not accepted on Vehicles, Art, Memorabilia, or other large or heavy items. In the event of a cancellation, a 20% cancellation charge will be issued to the winning bidder.  Occasionally you may notice that an item is re-listed. This can be due to a variety of reasons such as a winning bidder in a previous Liquidation not paying for the item, multiple types of the same item or it is one of the few items listed with a reserve and the reserve was not met. 

 

Most Jewellery came from a jewellery manufacturing company that carries multiple similar items. There are times in which we encounter excessive delays obtaining the lots from the consignors so this may delay shipment. However, this is very uncommon. Under the rare occasion that a lot/s cannot be obtained from the consignor, the auction will be cancelled, and a 100% refund of your payment will be issued. You agree that we are only liable up to the amount paid. IN THE EVENT THAT YOU REFUSE DELIVERY OF THE PACKAGE FOR THE COMPLETION OF YOUR ORDER, AT THE DISCRETION OF Jewellery Auctions Unlimited YOU WILL BE LIABLE FOR THE 11% BUYER’S PREMIUM AND AN ADDITIONAL 25% RESTOCKING FEE BASED ON THE TOTAL HAMMER PRICE PAID . If any dispute occurs between a bidder and Jewellery Auctions Unlimited, that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the 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 governed by the rules in the State of Queensland For payment, if you have a card on file, it will be automatically charged 24 hours after you receive your invoice.”