Designer: Konstantino
Metal type: Sterling silver & 18k yellow gold
Gemstone: Blue spinel
Earring diameter: 30.7mm
Closure: post and push back
2020 York Road
Timonium, MD
21093
United States
Starts:
Aug 06, 2024 04:00 AM UTC
Ends from:
Aug 09, 2024 02:00 PM UTC
We will take care of all shipping and handling an no extra charge! Smyth Jewelers will ship all purchased lots to you within 7 business days, unless other prior arrangements are made with us. In which case, you must collect purchased lots within thirty (30) days of the auction.
Smyth Jewelers Online Auction House Terms & Conditions
Conditions of Sale
These Conditions of Sale set out the terms upon which Smyth Jewelers, a dba of Albert Smyth Company
LLC (?we,? ?us,? or ?our?) sells property by lot in this catalogue. You agree to be bound by these terms by
registering to bid and/or by bidding in our auction.
A. BEFORE THE AUCTION
1. LOT DESCRIPTIONS AND WARRANTIES
Our description of a lot, any statement of a lot?s condition, and any other oral or written statement
about a lot?such as its nature, condition, artist, period, materials, dimensions, weight, exhibition or
publication history, or provenance? are our opinion and shall not to be relied upon by you as a
statement of fact. Except for the limited authenticity warranty contained in paragraphs E and F below,
we do not provide any guarantee of our description or the nature of a lot.
2. CONDITION
The physical condition of lots in our auctions can vary due to age, normal wear and tear, previous
damage, and restoration/repair. All lots are sold ?AS IS,? in the condition they are in at the time of the
auction, and we make no representation or warranty and assume no liability of any kind as to a lot?s
condition. Any reference to condition in a catalogue description or a condition report shall not amount
to a full accounting of condition and may not include all faults, inherent defects, restoration, alteration,
or adaptation. Likewise, images in our catalogue may not depict a lot accurately, as colors and shades
may appear different in print or on screen than on physical inspection. We do our best to represent our
lots accurately, but we are not responsible for providing you with a description of a lot?s condition in the
catalogue or in a condition report.
3. ESTIMATES
Estimates of a lot account for the condition, rarity, quality, and provenance of the object and are based
upon prices realized for similar objects in past auctions. Neither you nor anyone else may rely on our
estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other
purpose. Estimates do not include the buyer?s premium, any applicable taxes, and any other applicable
charges.
4. WITHDRAWAL
We may, in our sole discretion, withdraw a lot from auction at any time prior to or during the sale and
shall have no liability to you for our decision to withdraw.
B. REGISTERING TO BID
1. GENERAL
We reserve the right to reject any bid. By participating in the sale, you represent and warrant that:
.
2. NEW BIDDERS
New bidders must register and be approved by our staff to participate in an auction. All registrations are
subject to approval, denial, or removing approval at our discretion.
3. BIDDING FOR ANOTHER PERSON
If you are bidding as an agent on behalf of another person, your principal must be a registered bidder
and must provide us with written authorization allowing you to bid. You, as the agent, shall accept
personal liability to pay the purchase price and all other sums due unless we have agreed in writing
before the auction that you are acting as an agent on behalf of your principal and that we will only seek
payment from your principal.
C. DURING THE AUCTION
1. BIDDING IN THE AUCTION
(a) Bids may only be submitted on our website between the dates and times specified in the lot?s
description. Your bid is submitted once you place and confirm your bid amount. You agree that a bid is
final once it is placed and that you may never amend or revoke your bid. You are fully responsible for any
errors you make in bidding. Bidding generally opens at or below the low estimate and increases in steps
(bidding increments) to be determined in Smyth Jewelers sole discretion.
2. AUCTIONEER?S DISCRETION
The auctioneer shall have absolute discretion to (a) admit a bidder into or remove a bidder from the
saleroom or online auction; (b) accept or refuse any bid; (c) change the order of the lots in the auction;
(d) move the bidding backward or forward; (e) withdraw any lot from the auction; (f) divide any lot or
combine any two or more lots; (g) reopen or continue the bidding even after the hammer has fallen; and
(h) continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell
any lot in the event that there is an error or dispute related to bidding or the application of the reserve,
whether during or after the auction. You must provide us with written notice within three (3) business
days of the date of the auction if you believe that the auctioneer has accepted the successful bid in error.
The auctioneer will consider the claim and decide in good faith if the sale of the lot is final, whether
he/she will cancel the sale of the lot, or whether he/she will reoffer and resell the lot. The auctioneer?s
decision in exercise of this discretion is final. This paragraph does not in any way affect our ability to
cancel the sale of a lot under other applicable provisions of these Conditions of Sale, including the rights
of cancellation set forth in sections D(6) and G(1).
3. SUCCESSFUL BIDS AND INVOICES
Subject to paragraph C(2), the contract of sale between Smyth Jewelers and the successful bidder is
formed when the final bid is accepted and the auctioneer?s hammer strikes. The successful bid price is
the hammer price, and we will issue an invoice only to the registered bidder who made the successful
bid. While we send out invoices by mail and/or email after the auction, we shall not be responsible for
telling you whether your bid was successful. You should contact us immediately after the auction to find
out the success of your bid in order to avoid having the sale canceled. Please note that Smyth Jewelers
will not accept payments for purchased lots from any party other than the purchaser, unless otherwise
agreed between the purchaser and Smyth Jewelers prior to the sale.
D. AFTER THE AUCTION
1. THE BUYER?S PREMIUM
In addition to the hammer price, the successful bidder agrees to pay us a buyer?s premium on the
hammer price of each lot sold. On all lots except for those in Coins, Medals & Banknotes auctions we
charge zero percent (0%) of the hammer price. For all lots offered in Coins, Medals &
Banknotes we charge a buyer?s premium of zero percent (0%) of the hammer price.
2. TAXES
The successful bidder is responsible for any applicable taxes, including any sales or use tax or equivalent
tax wherever such taxes may arise on the hammer price, the buyer?s premium, and/or any other charges
related to the lot. A sales or use tax is dependent upon a number of factors, including, but not limited to,
our volume of sale and the place of delivery of the lot, regardless of the nationality or citizenship of the
successful bidder. The applicable sales tax rate will be determined based upon the state, county, or locale
to which the lot will be shipped or where it is picked-up in person. We collect sales tax in states where
legally required.
3. MAKING PAYMENT
(a) Immediately following the auction, you must pay the purchase price, consisting of the hammer price,
plus the buyer?s premium, plus any applicable duties and sales, use, or other applicable taxes. Payment is
due no later than by the end of the seventh (7th) calendar day following the date of the auction, which
we refer to as the due date.
(b) We will only accept payment from the registered successful bidder. Once issued, we cannot change
the buyer?s name on an invoice or reissue the invoice in a different name.
(c) You must pay for lots in US dollars in one of the following ways:
(i) Wire transfer.
(ii) Credit card: Credit card payments may not exceed $25,000 and a convenience fee of 3% will be added
to each credit card payment.
4. TRANSFERRING OWNERSHIP TO YOU
You will not own the lot and title will not pass to you until we have received full payment in good funds
of the purchase price, even in circumstances where we have released the lot to you.
5. TRANSFERRING RISK TO YOU
Unless we have agreed otherwise with you, the risk in and responsibility for the lot will transfer to you
from whichever is the earlier of the following: (a) when you collect the lot; or (b) the end of the thirtieth
(30th) day following the date of the auction.
6. YOUR FAILURE TO PAY
If you fail to pay us the purchase price in full in good funds by the due date, we will be entitled to do one
or more of the following (as well as enforce any other rights and remedies we have by law) at our sole
discretion:
(a) We can cancel the sale of the lot and sell the lot again, publicly or privately, on such terms as we
believe appropriate, in which case you must pay us any shortfall between the amount you owe us and
the resale price, plus all costs, expenses, losses, damages, and legal fees we incur due to the
cancellation.
(b) We can hold you legally responsible for the amount you owe us and bring legal proceedings against
you to recover the amount owed by you, plus other losses, interest, legal fees, and costs as allowed by
law.
(c) We can reject any bids made by or on behalf of you in future auctions or require you to provide us
with a deposit before accepting any bids.
(d) We can take any other action we deem necessary or appropriate.
7. SHIPPING, COLLECTION, AND STORAGE
(a) Smyth Jewelers will ship all purchased lots to you, unless other prior arrangements are made with us.
In which case, you must collect purchased lots within thirty (30) days of the auction.
(b) In accordance with applicable state law, if you have paid for the lot in full but you do not collect the
lot within the time specified by the law of the state where the auction takes place, we may charge you
state sales tax for the lot.
(c) Nothing in this paragraph is intended to limit our rights under paragraph D(6).
E. WARRANTIES
1. OUR LIMITED AUTHENTICITY WARRANTY
Our limited authenticity warranty, which lasts for three (3) months from an auction, is that the lots in our
sales are authentic as defined in paragraph H, below. You must notify Smyth Jewelers regarding concerns
of authenticity in writing within three (3) months of the date of an auction. Following receipt of that
written notification, subject to the terms below, Smyth Jewelers will refund the purchase price paid by
the client. The terms of this limited authenticity warranty are as follows:
(a) Any and all services normally provided to in-store Smyth Jewelers customers at no charge are subject
to being charged at full price at our discretion.
(b) It will be honored for claims notified in writing within a period of three (3) months from an auction.
After such time, we will not be obligated to honor the limited authenticity warranty.
(c) It does not apply to any reference to time period. All references to time period that a piece is made
are only in reference to the style of the piece unless otherwise specified.
(d) It does not apply where scholarship has developed since the auction, leading to a change in generally
accepted opinion. Further, it does not apply if the Heading either matched the generally accepted
opinion of experts at the date of the auction or drew attention to any conflict of opinion.
(e) It does not apply if the lot can only be shown not to be authentic by a scientific process that, on the
date we published the catalogue, was not available or generally accepted for use, was unreasonably
expensive or impractical, or was likely to have damaged the lot.
(f) Its benefit is only available to the original buyer shown on the invoice for the lot, issued at the time of
the sale, and only if, on the date of the notice of claim, the original buyer is the full owner of the lot and
the lot is free from any claim, interest, or restriction by anyone else. The benefit of this limited
authenticity warranty may not be transferred by the original buyer to anyone else.
(g) In order to make a claim under the limited authenticity warranty, you must
(i) give us written notice of your claim within three (3) months from an auction; (ii) at our option, pay for
and provide us with the written opinions of two recognized experts in the field, mutually agreed upon by
you and us, confirming that the lot is not authentic (we reserve the right to obtain additional opinions at
our expense); and (iii) return the lot at your expense to the saleroom from which you bought it in the
condition it was in at the time of sale.
(h) Your only right under this limited authenticity warranty is to cancel the sale and receive a refund of
the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more
than the purchase price, nor will we be liable for any loss of profits or business, loss of opportunity or
value, expected savings or interest, costs, damages, other damages, or expenses.
(i) No employee or agent of Smyth Jewelers is authorized to make a representation or provide additional
information, whether orally or in writing, that amends the limited authenticity warranty or creates an
additional warranty with respect to a lot. Any such representation, other information, or additional
warranty shall be null and void.
4. JEWELRY
(a) Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their
appearance through methods such as heating and/or various clarity enhancements. These methods are
considered common by the international jewelry trade but may make a gemstone more fragile and/or
cause the gemstone to require special care over time. If we do have information of a gemstone being
treated, this will be noted in the description of the lot.
(b) We do have GIA certified gemologists on staff to identify gemstones. However, we do not obtain a
gemological report for every gemstone sold in our auctions. When we do get gemological reports from
internationally accepted gemological laboratories, such reports are described in the catalogue. Reports
from American gemological laboratories describe any improvement or treatment to the gemstone.
Reports from European gemological laboratories describe any improvement or treatment only if we
request that they do so, but they do confirm when no improvement or treatment has been made.
Because of differences in approach and technology, laboratories may not agree on whether a gemstone
has been treated, the amount of treatment, or whether that treatment is permanent. The gemological
laboratories only report on the improvements or treatments known to them at the date they make the
report.
(c) For jewelry sales, estimates are based on the information in any gemological report. If no report is
available, assume that the gemstones may have been treated or enhanced.
5. WATCHES
(a) Smyth Jewelers does have a watchmaker on staff that may make repairs to bring watches to working
condition prior to the beginning of an auction.
(b) Almost all clocks and watches are repaired in their lifetime and may include parts that are not
original. We do not give a warranty that any individual component part of any watch is authentic.
Watchbands described as ?associated? are not part of the original watch and may not be authentic.
Clocks may be sold without pendulums, weights, or keys.
(c) As watches often have very fine and complex mechanisms, you are responsible for any general
service, change of battery, or further repair work that may be necessary. We do not give a warranty that
any watch will stay in good working order. However, our watchmaker does bring all watches to good
working condition prior to the beginning of an auction, unless otherwise specified. Boxes and certificates
are not available unless described in the catalogue.
6. YOUR WARRANTIES
You warrant to us that (a) the funds you use for payment are not connected with any criminal activity,
including tax evasion, and neither are you under investigation, nor have you been charged with or
convicted of money laundering, terrorist activities, or other crimes; (b) if and when you are bidding on
behalf of another person, (i) you have conducted appropriate customer due diligence on the ultimate
buyer(s) of the lot(s) in accordance with all applicable anti-money laundering and sanctions laws, you
consent to us relying on this due diligence, you will retain for a period of not less than five (5) years the
documentation evidencing the due diligence, and you will make such documentation promptly available
for immediate inspection by an independent third-party auditor upon our written request to do so; (ii)
the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in
whole or in part, facilitate tax crimes; (iii) you do not know, and have no reason to suspect, that the
funds used for payment are connected with or the proceeds of any criminal activity, including tax
evasion, or that the ultimate buyer(s) are under investigation for, or have been charged with or convicted
of, money laundering, terrorist activities, or other crimes.
F. OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information given, by us or our
representatives or employees about any lot other than as set out in the limited authenticity warranty,
and as far as we are allowed by law, all warranties and other terms that may be added to this agreement
by law are excluded.
(b) We are not responsible to you for any reason (whether for breaking this agreement or for any other
matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent
misrepresentation by us, or other than as expressly set out in these Conditions of Sale.
(c) We have no responsibility to any person other than a buyer in connection with the purchase of any
lot.
(d) If, despite the terms in paragraphs F(a)?(c) or E(1) above, we are found to be liable to you for any
reason, we shall not have to pay more than the purchase price paid by you to us. We will not be
responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected
savings or interest, costs, damages, or expenses.
G. OTHER TERMS
1. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained herein, we can cancel a sale of a lot if (i) any of
your warranties in paragraph E(4) are not correct; (ii) we reasonably believe that completing the
transaction is, or may be, unlawful; or (iii) we reasonably believe that the sale places us under any
liability to anyone else or may damage our reputation.
2. COPYRIGHT
We own the copyright to all images, illustrations, and written material produced by or for us relating to a
lot, including the contents of our catalogues, unless otherwise noted therein. You cannot use them
without our prior written permission. We make no representation and offer no guarantee that the buyer
of a lot will gain any copyright or other reproduction rights.
3. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is invalid, illegal, or impossible to enforce, that part of the
agreement will be treated as being deleted, and the rest of this agreement will not be affected.
4. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security interest over or transfer your rights or responsibilities under these terms
unless we have given our written permission. This agreement will be binding on your successors or
estate and anyone who takes over your rights and responsibilities.
5. PERSONAL INFORMATION
We will hold and process your personal information in line with our privacy policy at
www.smythjewelers.com/pages/privacy-policy.
6. WAIVER
No failure or delay to exercise any right or remedy contained herein shall constitute a waiver of that or
any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or
remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise
of that or any other right or remedy.
Updated 6.7.24
Smyth Jewelers presents a curated list of Estate and Modern Luxury Designer Jewelry that is sure to include enchanting pieces for any and everyone at a great price. Enjoy low prices with NO BUYERS PREMIUM. We will also take care of shipping!