Loose Gems from All over the World

NO RETURNS.

1. Introduction
California Gemstones conducts online auctions and facilitates the sale of consigned items Lots.
These Terms and Conditions of Sale ("Terms") govern your use of our website, participation in auctions, and purchases of Lots.
By registering, browsing, bidding, or purchasing, you ("Buyer" or "Bidder") acknowledge that you have read, understood, and agree to be bound by these Terms, which may be amende without prior notice. It is your responsibility to review these Terms periodically for updates.
By using our services, you consent to the collection, use, and processing of certain personal data.

2. General Terms

2.1 Binding Contract
Placing a bid constitutes a binding offer to purchase that Lot(s). If you win, you are required to complete the purchase in accordance with these Terms.
Cancellations are not permitted.
2.2 Bidder Responsibility
You are responsible for verifying the age, size, condition, description, and value of any Lot(s) before placing a bid.
We provides item information as a courtesy, but does not guarantee accuracy or completeness.
If you make a bidding error or fail to complete a purchase, we may take corrective measures, including suspending bidding privileges, reporting to credit agencies, or pursuing legal collection action.
2.3 Auctioneer Discretion
Our auctioneers maintain full discretion to determine the winning bidder, resolve disputes, set increments, accept or reject bids, and postpone or cancel any auction as necessary.
Tie bids, irregular bidding, or technical issues may be addressed at our sole discretion.
2.4 Auction Errors
We reserves the right to cancel a sale due to:
- The Lot(s) being unavailable or failing quality control;
- Sale below Reserve Price;
- Description or clerical error;
- Technical malfunction or system failure; or
- Suspected fraud or bidding misconduct.
2.5 Withdrawal
We may withdraw any Lot(s) at any time before bidding begins, without liability.

3. Invoice Payments

3.1 Invoice Terms
Payment is due within forty-eight (48) days after the auction closes.
If any outstanding invoice balance is not paid within fifteen (15) calendar days of the auction's close, the Lot(s) may be forfeited, and the Buyer will remain liable for the full outstanding amount.
If an invoice remains unpaid, We may pursue all collection remedies, including referring the balance to a collection agency, reporting to credit bureaus, or initiating legal action. The Buyer will be responsible for all associated costs, including attorney's fees. Additionally, We may dispute the bidder, which may affect the Buyer's ability to participate in future auctions on the platform.
Accepted payment methods include PayPal, Visa, MasterCard, American Express, certified checks, and bank wire transfers. For any other form of payment on the LiveAuctioneers platform, please communicate with the Live Auctioneers customer service for confirmation. We reserve the right to decline specific methods at its discretion.
Partial payments are not accepted and we will not reserve or hold any unpaid Lot(s) for less than full payment, unless otherwise specified in writing.

3.2 Buyer's Premium (BP)
A Buyer's Premium is added to the hammer price as follows:
BP rates may be modified prior to an auction, with notice provided in advance.
Lot(s) may be subject to applicable state and local sales taxes, which are calculated based on the shipping destination and governing tax laws. Because LiveAuctioneers collects all payments, including sales tax, Calfornia Gemstones is not responsible for refunding any sales tax.
3.4 International Duties
For international orders, we may collect an estimated, refundable deposit for import duties, taxes, tariffs, and insurance. Buyers are responsible for any additional customs charges assessed upon delivery.
The deposit shall be refunded to the customer's original form of payment upon presentation of documentation that confirms payment of such fees by the customer. We have sole discretion whether to accept the presented documentation as proof of payment or to request additional information.

4. Shipping

4.1 Domestic Shipping
We provides USPS Priority shipping within the contiguous United States for most items.
Lot(s)s will not ship until all charges are paid. A Lot(s) with unpaid shipping charges shall be considered as unpaid. Unpaid or unclaimed Lot(s) after ninety (90) days may be forfeited at our' discretion.
4.2 Shipping Timeframe
Most orders ship within 1-3 weeks after payment.
Any non-payments will be subject to the terms set forth in Section 3.1.

4.4 Local Pickup
NONE

4.5 Unauthorized Returns
Returns not pre-approved by California Gemstones are considered unauthorized, including those due to incorrect addresses, refused deliveries, or unclaimed shipments.
Buyers are responsible for reshipping, handling, and storage fees.
Failure to pay any outstanding shipping charges or invoice balances will result in an Unauthorized Return.
Unauthorized returns unclaimed after ninety (90) days are forfeited, and Buyers remain liable for any balances owed.
4.6 Unclaimed Items
Lot(s) remaining unpaid or unclaimed after ninety (90) days may be forfeited at our discretion.
4.7 Shipping Address Policy
Bidders should update address on Live Auctioneers profile before completing payment to avoid any delays.

4.8 Force Majeure
We shall not be liable for any failure or delay in performance, shipping, or fulfillment of an order resulting from acts or circumstances beyond its reasonable control, including but not limited to, acts of God, war, pandemic, government restriction, natural disaster, strikes or failures of transportation or telecommunication infrastructure (Force Majeure Event).

5. Item Descriptions

5.1 "As Is" Sale
All Lot(s) are sold "As Is, Where Is," with any faults or imperfections.
Descriptions and images are provided for reference only and may not fully represent the Lot(s)'s condition or color.
Buyers are encouraged to request additional information before bidding.
5.2 Condition Reports

Condition reports are provided as a courtesy and represent our good-faith opinion of a Lot(s)'s condition at the time of cataloging. They are not guarantees and should not be relied upon as statements of fact.
Minor defects, odors, or other imperfections common in pre-owned or vintage items may not be specifically disclosed. Minor surface wear, faint marks, or other age-related signs of use are to be expected and do not constitute a misrepresentation or valid basis for return or chargeback.
Buyers should carefully review all the images provided. Photographs are provided to assist in evaluation; however, variations in lighting or monitor settings may cause slight differences in color or appearance. Minor wear, imperfections, or variations due to lighting or photography are not valid reasons for return or chargeback.
Any reference to serial numbers, date codes, or unique identifying marks is provided solely to indicate their general placement on the item. The actual number or code on the purchased Lot may vary.
Unless otherwise stated in the Lot description, items may not include original boxes, papers, dust bags, authenticity cards, or certificates.
The absence of a condition report does not imply the Lot(s) is free of flaws.
Any price estimates provided in auction listings or by our representatives are for guidance only and do not represent appraisals or actual resale values.
Estimates are based on factors such as previous sales, rarity, and market trends. They are not Reserves and do not indicate a minimum selling price.
5.5 Reserves
Unless stated as "No Reserve," some Lot(s)s may have confidential minimum prices. Bids below reserve may be rejected.

6. Returns & Refunds

6.1 All Sales Final
All sales are final unless otherwise stated in these Terms.
6.2 Restocking Fee
Approved returns are subject to a 20% restocking fee on the total purchase price, inclusive of all fees.
6.3 Cancellation Policy
Requests to cancel accidental bids must be submitted within 24 hours of placement. We will review each request on a case-by-case basis.
We reserve the right to cancel any bid or purchase if fraud or error is suspected.
If approved:
- Buyers may convert their purchase (excluding fees and taxes) into store credit for OOAP valid for one (1) year, or
- Pay the Buyer's Premium to receive a full refund of the purchase price. The refund cannot be initiated until the Buyer's Premium is paid.
- Store Credits may only be applied to the Hammer Price on OOAP's.
6.4 Limited Exceptions
Returns may be accepted within three (3) days of delivery only if the Lot(s) is significantly misdescribed, such as:
- Measurements deviating by over 10%;
- Incorrect material, color, or description;
- Significant undisclosed damage or misidentification.
Minor variations or normal wear of vintage or antique items do not make such items eligible for a return.
6.5 Item Availability
Lot(s)s may be listed across multiple sales platforms. If unavailable, we may:
- Provide a replacement Lot(s) of equal or greater value,
- Issue store credit for OOAP valid for one (1) year, or
- Offer a refund at its discretion.

7. Warranties & Liability

7.1 Disclaimer of Warranties
California Gemstones and its consignors expressly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Neither we nor our consignors shall be responsible for any representations regarding the rarity, quality, condition, size, importance, provenance, or historical significance of any Lot(s).
7.2 Statements of Opinion
While our representatives make every effort to describe items accurately and in good faith, any statements - whether oral or written - by the auctioneer or any our representative are opinions only and shall not be construed as warranties, guarantees, or factual representations.
7.3 Limitation of Liability
California Gemstones, its vendors, and consignors shall not be liable for any indirect, incidental, special, or consequential damage arising out of or related to any sale, purchase, or use of a Lot(s).
The Buyer's sole remedy for any proven claim shall be limited to the return of the purchase price actually paid, in accordance with return policies set forth herein.

8. Intellectual Property

8.1 Content
All text, photographs, and materials on the platform are protected by intellectual property laws.
No content may be copied, reproduced, or distributed without written authorization from us.
8.2 Copyright
Purchase of a Lot(s) does not convey copyright or reproduction rights.
8.3 Image Rights
We retain the right to reproduce and display images of sold Lot(s)s for marketing, promotional, or archival purposes.

9. Dispute Resolution
All disputes shall be resolved by binding arbitration in New York, New York, under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
Proceedings shall be conducted in English before a single arbitrator.
The arbitrator may award monetary or injunctive relief but may not award punitive damages.
The prevailing party shall be entitled to recover reasonable attorney's fees and arbitration costs.
Any award may be entered in a court of competent jurisdiction.

10. Modifications
We may revise these Terms at any time without prior notice. Continued use of the website or participation in auctions constitutes acceptance of the updated Terms.

11. General Provisions
11.1 Non-winning Bidders
By participating in the auction, non-winning bidders consent to receiving follow-up communications, including marketing materials related to similar Lots.
Non-winning bidders may opt out of marketing communications at any time.

Sales Tax
Online purchases from California Gemstones may be subject to sales tax.