
Terms & Conditions
The following are the Terms and Conditions established by Trump Gems for this auction.
1) CONDITIONS OF SALE: 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 Trump Gems' 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 Trump Gems by the posting of notices or by oral announcements made during the sale. The property will be offered by Trump Gems unless the indicated otherwise. By participating in this auction, you acknowledge that you are bound by these terms and conditions including the following:
2) INTERNATIONAL BIDDERS: If your shipping address is outside of the USA, Canada or UK, please contact us for shipping rates and availability PRIOR to bidding. Buyer is responsible for shipping, duties and taxes.
3) PAYMENT METHOD: Payment must be made through PayPal or via Money Order/Cashier's Check. All major credit cards and e-checks are accepted through PayPal only. Once you have won an item, you will receive an email confirmation from Trump Gems with instructions for checkout. Please follow these instructions to complete your order. If you have any difficulties with the check out process, please contact us at service@trumpgems.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 Filters/Spam blockers, you may not receive communications from us and we may not be able to process your order.
4) SALES TAX: Unless exempted by law, the Buyer is required to pay Nevada State Sales Tax of 7.75% (if Buyer is a resident of Nevada or delivery address is in the state of Nevada) and any compensating use tax of another state, and/or any federal luxury or other tax, on the total merchandise purchase price. Sales tax can only be waived if Buyer furnishes Trump Gems a valid resale permit or if the merchandise is shipped out of the State of Nevada.
5) REFUND/RETURN POLICY: We offer a "no questions asked", 14-day money back guarantee. If you are not satisfied with your merchandise for any reason, you may return it within 14 days after receipt and receive a refund for the merchandise and buyer's premium, less all shipping & handling and insurance costs. Refunds will only be issued for items returned in "new and unused" condition, with tags attached, unworn and unaltered, with all original packaging, boxes and paperwork (including authenticity certificate). We cannot accept a return of any item with any indication that it has been used. Sales tax and buyer’s premium (if applicable) are 100% refundable. Shipping, handling and insurance charges will not be reimbursed. Refunds are normally processed 7-10 days from the day the merchandise is received and inspected by our returns processor.We reserve the right to decline a refund to any customer who does not adhere to our feedback policy or fails to abide by our terms and conditions.You must request and receive a valid RMA NUMBER prior to returning any merchandise to us. To obtain an RMA number, please visit this link: http://www.trumpgems.com/rma/rmalogin.aspx. NO EXCEPTIONS. Please send all returns via an insured & trackable method such as, USPS, UPS or FedEx.
6) SHIPPING & HANDLING: Please refer to the link in our ad for shipping costs. Bidders outside the continental USA must contact us for shipping rates and availability prior to bidding. 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. If you have any questions about insurance & shipping costs, please contact us before bidding. SHIPPING TO P.O. BOXES IS PROHIBITED. Please provide us with a physical residential or business address for delivery. You can generally expect to receive your item(s) within 7 to 14 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.
7) NON-PAYING BIDDERS: Trump Gems 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. Trump Gems will then file an Unpaid Item Dispute with eBay if we do not receive payment by the eighth day after the end of the auction. Restocking fees may be assessed to non-paying bidders.
8) FEEDBACK: PLEASE NOTE THAT WE ARE AN AUCTION HOUSE AND NOT A JEWELRY STORE. The item description and other information we provide to you is the information that is provided to us by our consignors and suppliers. Our reputation and your Complete Satisfaction are extremely important to us, so we offer a 14 day "no questions asked" return policy. ''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 100% SATISFIED with your purchase, please return it for a refund as per our return policy rather than resorting to negative feedback. 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. Please review eBay's Feedback Rules before resorting to leaving negative. If you participate in our auction, please adhere to all of our terms, conditions, rules and policies.
9) FEEDBACK DISPUTE RESOLUTION: If you leave Negative or Neutral Feedback for 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 Trump Gems, 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 use this link: http://www.squaretrade.com. Defamation, Slander & Libel claims made as a result of posting Negative Feedback or other methods shall be resolved as per one or more of the Dispute Resolution remedies listed below.
10) DISPUTE RESOLUTION: For any Dispute that occurs between Trump Gems 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 Alternative Dispute Resolution and/or Binding Mediation, the venue to be in Las Vegas, Nevada. Each party shall simply present their own case (limited to a maximum of one hour for each party), 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 any Civil Court in Nevada having jurisdiction over the dispute. Any award determined by Mediator 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.
11) DESCRIPTION OF LOTS: Trump Gems IS NOT A JEWELRY STORE and Trump Gems does not provide any gemological evaluation and/or analysis of mounted or un-mounted stones, finished or unfinished jewelry. Trump Gems solely relies on the item descriptions provided by its Consignors and Suppliers. Item descriptions represent an estimated opinion by the Consignor(s)/Supplier(s) and in no way or case shall Trump Gems or its Consignor(s)/Supplier(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. Trump Gems or its Consignor(s)/Supplier(s) are not responsible for errors and omissions in the description, glossary, or any supplemental material. The descriptions and any amendments thereto reflect Trump Gems's Consignor(s)/Supplier(s) sole opinion of the item(s) being auctioned. All property is sold AS IS without any representations or warranties by Trump Gems 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. Trump Gems 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. Trump Gems is not responsible for errors and omissions in the description, glossary, or any supplemental material. Written and oral descriptions are Trump Gems'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. 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 Trump Gems shall be deemed a warranty or assumption of liability by Trump Gems 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. Trump Gems 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. The item descriptions should, but may not necessarily state, whether these techniques have been used, and Trump Gems makes no representations or warranties, express or implied, as to whether any natural stones have been treated.
12) ESTIMATES: 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 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. Buyer assumes all risk in purchasing any item(s) auctioned by Trump Gems. Trump Gems shall not be responsible for any claims or disputes arising from any item described herein and Trump Gems, 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. Trump Gems has made no representation or warranty in connection with any item(s) described herein.
13) VERIFICATION: 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.
14) 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.
15) BIDDING: 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 Trump Gems's part as to the validity of any bid, Trump Gems 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. Trump Gems shall be the sole arbitrator in case of any disputed bid. Most items are auctioned with bids beginning at $1. In the event that a consignor requires a reserve, Trump Gems may protect the consignor's reserve by bidding through the auctioneer whether or not the reserve is announced prior to or during the auction.
16) RULES: If any dispute occurs between bidders, Trump Gems reserves the exclusive right to cancel the auction and immediately re-list the item up for bid. Trump Gems's sole discretion shall be binding upon all bidders. Trump Gems reserves the right to group multiple lots together and prior to bidding, withdraw any lot from the sale. The highest bidder acknowledged by Trump Gems shall be the Buyer except in the case where the bid is held by the reserve. Any bid amount may be accepted or rejected by Trump Gems at its sole discretion. Trump Gems 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 Trump Gems. Buyer personally guarantees the payment of the item(s) for this sale. If Trump Gems deems that the Buyer is in default, Trump Gems 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 Trump Gems and/or resell the lot(s) in any matter necessary by Trump Gems. Trump Gems may be a consignor of this sale. Trump Gems 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 Trump Gems, then Trump Gems shall provide a complete refund to Buyer). Buyer agrees to hold Trump Gems harmless from any and all liability arising from Trump Gems, 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.
17) LIMITATION OF LIABILITY: In no event will our liability to a Buyer exceed the purchase price actually paid for an item. Trump Gems shall not be liable for any breach or default of a consignor. In no event shall Trump Gems's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall Trump Gems 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 Trump Gems or Trump Gems's agents, representatives, officers, members, managers, directors, employees and/or affiliates.
18) 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.
19) NO ASSIGNMENT: Unless Trump Gems consents in writing, Buyers may not assign their rights or any of their obligations relating to an auction or other sale by Trump Gems. Any assignment without Trump Gems's written consent will be void.
20) 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 Trump Gems, 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.
21) CONTRACT MODIFICATIONS AND WAIVER: The Terms and Conditions may not be changed, unless Trump Gems agrees in writing. No waiver shall be effective unless in writing and signed by the party alleged to have given the waiver. A waiver on one occasion by Trump Gems shall not be a waiver on any other or future occasion or affect Trump Gems right to insist on strict performance of all other provisions.
22) CONTACT INFORMATION: Trump Gems: Email address service@trumpgems.com