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Privacy Policy

__Introduction__

The Joopiter.com website (the “Website”) is owned and operated by Joopiter, Inc. (“Joopiter”, “we”, “us” or “our”). This Privacy Policy describes the personal information Joopiter collects and how that personal information may be used, maintained and shared. This Privacy Policy applies to all individuals who access the Website, engage the services of Joopiter (“Services”), or otherwise interact with Joopiter. By using or accessing the Website and/or Services, you acknowledge that you have read and understood this Privacy Policy.

Joopiter, Inc. is the “controller” and is responsible for deciding how personal information is used and processed in connection with the Website and Services. If you have any questions or concerns about the Privacy Policy, please contact Joopiter:

Joopiter, Inc.
15 E 26th Street
New York, NY 10010
Concierge@joopiter.com

We may amend our Privacy Policy from time to time, at any time without notice to you, by posting such changes on the Website. You are responsible for periodically checking the Privacy Policy. You will know if the Privacy Policy has been updated since your last visit to the Website by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE WEBSITE OR THE SERVICES.

__Information We Collect About You__

“Personal Information” includes any information that enables us to identify you, directly or indirectly, by reference to any identifiers such as name, identification number, location data, online identifier or one or more factors specific to you. It does not include information that is considered anonymous or aggregated by applicable law. 

We collect Personal Information about you from a variety of sources, including information we collect from you directly, information we collect about you from other sources, and information we collect automatically from you. 

__Information You Provide to Us__
The types of information that we may collect directly from you includes information that you provide when you register on the Website or agree to use our Services, such as: personal details (e.g., name, date of birth), contact details (e.g., shipping/billing address, phone number, email address), transaction information (e.g., bidding or purchase records, shipping details, information about items you purchase or wish to consign), financial information, username and password, and identification information. 

It is Joopiter’s policy to request a government issued identification containing a photograph, such as a passport, identity card or driver’s license when you register to bid. Joopiter will use this information to verify your identification and screen for regulatory and financial risk. 

__Information We Collect From Other Sources__
We may obtain personal information about you from publicly and commercially available sources, including social media sites, and from our service providers.

__Information We Collect From Your Use of Our Website and Services__
As you interact with our Website, we collect information through cookies and other similar technologies.  We may also receive information about you if you visit other websites employing our cookies.  A cookie is a small text file that is sent by a website to your device where it is stored by your web browser in order to remember information about you, such as your login information and preferences. For more information on how we use cookies and the choices you may have, please see our Cookie Policy. 

__How We Use Your Personal Information__

We use your Personal Information for the following purposes, as permitted by applicable law:
	•	To fulfill your orders and purchases, facilitate auctions, provide the Services and manage your account; 
	•	To send you information about auctions that you may be interested in;
	•	To send you marketing communications and other materials or information that may interest you;
	•	To verify your identity;
	•	To protect against risk of fraud;
	•	To comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies; and 
	•	For other purposes that we tell you about specifically when you register or provide information about yourself to us.

__How We Disclose Your Personal Information__ 

We may disclose your Personal Information to other companies or entities as follows:
	•	To business partners and vendors that work on our behalf to provide services such as item shipments, mailings, customer account and technology support, secure payment processing, identity verification, fraud prevention, digital marketing management, and data storage;
	•	To consignors and others as needed to facilitate a consignment or purchase;
	•	To meet certain legal compliance requirements, for example under anti-money laundering laws or customs laws and regulations;
	•	To law enforcement or other entities as required; and
	•	As part of a sale, merger, liquidation, or transfer of our business assets.    

__Grounds for Processing Your Personal Information__

We rely on the following legal grounds to process your Personal Information:
	•	We process your Personal Information with your consent (e.g., when you agree that we may place cookies, or if you ask us to send you information about upcoming auctions).
	•	We process your Personal Information when we need to do this to fulfill a contract with you (e.g., for billing purposes) or where we are required to do this by law (e.g., where we have to fulfill anti-money laundering requirements). 
	•	We process your Personal Information when it is our legitimate interests to do this and when these interests are not overridden by your data protection rights, such as ensuring the security of our Services, developing new business opportunities, maintaining accurate business records, and ensuring that our Website operates effectively. 

__Your Data Protection Rights __

You can control some of our use or collection of your Personal Information:
	•	Receiving marketing messages from us: You may also stop email marketing by using the “unsubscribe” mechanism at the bottom of our email marketing messages. Please note that even if you opt-out of receiving emails, you may still receive communications related to your interaction with us (such as confirmation of a registration, email communications regarding an auction or purchase receipts) or otherwise as required by law. 
	•	Receiving SMS messages from us: You may opt in to receive SMS communications regarding the auctions bids. Please note that message and data rates may apply. You may stop SMS messages by texting “Stop” to the message. 
	•	Whether your account is up to date: You may edit the Personal Information that is stored in your user account on our website (e.g., your passwords and other contact information) by contacting us at concierge@joopiter.com.  We will endeavor to respond to your request as soon as practicable.  Before we are able to provide you with any information, correct any inaccuracies, or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

We may need to keep Personal Information we have collected about you to respect your decision to opt-out, for record-keeping and other purposes.

__How We Protect Your Personal Information__

We protect your information using commercially reasonable physical, technical, and administrative security measures designed to comply with applicable legal requirements and safeguard the Personal Information we collect. No security measures are perfect or impenetrable and we cannot guarantee the absolute security of your Personal Information. You remain responsible for protecting your username and password and for the security of information you transmit to us over the Internet. 

__We Do Retain Your Personal Information for a Limited Amount of Time__

We will keep your Personal Information for as long as we have a relationship with you.  Once our relationship with you has come to an end, we will retain your Personal Information for a period of time that enables us to:

	•	Maintain business records for analysis and/or audit purposes.
	•	Comply with record retention requirements under the law or other relevant legal or regulatory requirements.
	•	Defend or bring any existing or potential legal claims.
	•	Deal with any complaints regarding the services.
We will delete your Personal Information when it is no longer required for these purposes. 

__International Transfers__
Your Personal Information will be stored and processed by us and our subcontractors in jurisdictions, including the United States, where laws regarding data protection may be less stringent than the laws in your country. By using this Website and by providing any Personal Information, all users, including without limitation users in Canada, the UK and the European Union, acknowledge our collection and processing of such Personal Information in such jurisdictions. 
	•	Children’s Privacy

Our Website is not directed at children under the age of 13 and we do not knowingly collect data about children.

__Additional Information and Rights for EEA, UK and Swiss Residents__

Under European data protection law, in certain circumstances, you have the right to:
	•	Request access to any Personal Information we hold about you as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making.
	•	Obtain without undue delay the rectification of any inaccurate Personal Information we hold about you.
	•	Request that Personal Information held about you is deleted.
	•	Prevent or restrict processing of your Personal Information.
	•	Request transfer of Personal Information directly to a third party where this is technically feasible. 
Also, where you believe that Joopiter has not complied with its obligation under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority or the UK Information Commissioner’s Office. You can exercise any of these rights by contacting us at concierge@joopiter.com.

__Additional Information and Rights For California Residents__

Under the California Consumer Privacy Rights Act (“CCPA”), California residents have the right to:
	•	request and receive disclosure of our Personal Information collection practices during the prior 12 months, including the categories of Personal Information we collect, the categories of sources of such information, our business purpose for collecting or sharing such information, and the categories of third parties with whom we share such information;
	•	request and receive a copy of the Personal Information we have collected about them during the prior 12 months;
	•	request and receive disclosure of our information sharing practices during the prior 12 months, including a list of the categories of Personal Information sold with the category of third party recipients and a list of the categories of Personal Information that we disclosed for a business purpose;
	•	request that we not sell Personal Information about them; and
	•	request that we delete (and direct our service providers to delete) their Personal Information subject to certain exceptions.

For purposes of the CCPA, “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

To exercise the access, portability and/or deletion rights described above, please submit a verifiable consumer request to us by either calling us at 310-340-1923 or emailing us at concierge@joopiter.com. Please note that we may request specific information from you in order to verify your identity, and there may be circumstances where we will not be able to honor your request. For example, if you request deletion, we may need to retain certain Personal Information to comply with our legal obligations or other permitted purposes. We will only use Personal Information provided in a verifiable consumer request to verify your identity or authority to make the request. 

For requests for deletion of your information please understand that California law permits us to retain certain information and not to delete it under certain circumstances.  By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you we will notify any service providers we have engaged to delete your information as well. We will not discriminate against you as a result of your exercise of any of these rights.

__Selling information__
We do not sell your information for monetary consideration, and we do not disclose your information for other valuable consideration.

__We do share your information for the following business purposes:__
	•	To obtain services such as item shipments, mailings, customer account and technology support, secure payment processing, identification verification, fraud prevention and data storage; 
	•	For legal and compliance purposes and to cooperate with law enforcement or other reasonable requests for information; and
	•	To support potential sales, mergers, liquidations, or transfers of our business assets.

We disclose all of the categories of Personal Information noted below with service providers that process Personal Information on our behalf (e.g., data storage providers, email services, Internet service providers, and research firms), business partners (e.g., professional advisors and consultants), government and law enforcement entities, and advertising and marketing companies. 

We may disclose the following categories of information to the third parties listed below:

![Privacy Policy](//images.ctfassets.net/3f50k4lloui4/6k6c2dypHSdkSPcxvww2L0/3cc794e8a73c97d52344f07c00a5b2dc/privacy_policy-2.png)

	•	General

As this Privacy Policy is part of our Website Terms and Conditions (“Terms”), any disputes between us that relate to privacy or the use of your information, and that arise out of or are related to this Privacy Policy, the Website or our Services, will be subject to our Terms, including any provisions regarding the limitation of damages and liability, governing law and jurisdiction.

Last Modified:  October 25, 2022

Privacy Policy

__Website Terms and Conditions__

__Introduction__

Please review these Terms and Conditions (the “Terms”) as they contain important information regarding your use of the Joopiter website (the “Website”). These Terms are entered into by and between you and Joopiter, Inc. (“Joopiter”, “we”, “us” or “our”) and govern your access and use of the Website. By accessing the Website, you agree to be bound by these Terms and our Privacy Policy. If you purchase merchandise from the Website and/or participate in auctions and/or private sales by buying or selling, you agree to any additional terms relevant to those services (the “Services”). When you register, provide your e-mail address to us, or send us e-mails, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. 

We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Website. You are responsible for periodically checking the Terms. You will know if the Terms have been updated since your last visit to the Website by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE WEBSITE OR THE SERVICES.

__Registration__

Registration may be required to use the Services. You will be required to provide some personal information such as name, valid email address, mobile phone number and government ID. We may use this information to verify your identity. If you register with the Website, you agree you are at least the age of majority in your state, province or country and you will provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data"). If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that the Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website.  You may edit or update your Registration Data by contacting us at concierge@joopiter.com.

You will create a password upon completing the registration. You are responsible for maintaining the confidentiality of any such password and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We are not liable for any loss or damage arising from any unauthorized use of your account.

__Merchandise Sales__

We may provide you with the opportunity to purchase various products (“Merchandise”) on the Website separate from your ability to bid in auctions and/or private sales for auction and/or private sale items. We will provide images, photos, content and/or descriptions to complement our Merchandise; these are provided for informational and illustrative purposes only. The actual Merchandise may vary from that shown on the Website. We will make reasonable efforts to accurately describe and display the Merchandise, however, with respect to color, the actual color you see on your screen will depend on your computer system. The inclusion of Merchandise on the Website does not guarantee that the Merchandise will be available for purchase. 

All Merchandise prices are quoted in US dollars. We will add shipping and handling fees and applicable sales tax as necessary. We calculate shipping rates based on weight and transit distance. International rates are exclusive of taxes, duties, and customs fees. These fees are your responsibility. We cannot guarantee delivery time. Any shipping cost incurred at time of check out is non-refundable.

We reserve the right without prior notice to discontinue or change the prices on the Merchandise. Additional terms and conditions may also apply to specific Merchandise. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to you without prior notification. 

We accept most major credit cards as payment. Payment transactions are processed by our third-party payment processors in accordance with our Privacy Policy. You grant us the right to provide information you provided in connection with the order to our third-party payment processors to facilitate the completion of your order. Verification of information may be required prior to the acknowledgment or completion of any order. You may be asked to supply certain information relevant to your order including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

We are unable to modify or cancel your order once it has been placed and handed over to a third-party carrier for shipping. Please ensure all information is correct before completing your order. If an order is sent back to us due to insufficient or incorrect address, the order will be canceled, you will have to pay for any shipping charges incurred and you will have to pay for shipping again for any further delivery efforts requested by you. Please email concierge@joopiter.com if you have a specific shipment request and we will do our best to accommodate.

You may return any Merchandise for a full refund (less all shipping costs, including costs to return Merchandise) within 14 days of the day your order is delivered. Only defective Merchandise or Merchandise that is unworn, unwashed, unaltered, free of stains and odors, and has its original tags affixed will be eligible for return. Once initiating a return, you have 14 days to ship your return or you'll lose your refund. 

Please email concierge@joopiter.com to commence a return. Please allow 2 to 10 business days from the time your return is delivered to us for us to process a return. Please note that once we refund your original form of payment, the credit may take up to 7 business days to appear on your bank statement, depending on the bank. 

__User Submissions__

Joopiter may provide the ability to comment in certain public areas of the Website. By posting comments in such areas, you grant us a royalty free, perpetual, irrevocable non exclusive license to use, reproduce, modify, publish, edit, translate, distribute, sublicense, publicly perform, and publicly display the comments.

We do not screen any comments in advance and we are not responsible for screening or monitoring comments posted by you or anyone else. You are responsible for your comments. You may not post any comments unless you are the owner of all of the proprietary rights therein (including but not limited to any trademark, copyright or publicity rights); the comments do not infringe the proprietary rights of any third party; and the comments comply with Section 4 of these Terms (Prohibited Activities).

If Joopiter is notified that a comment does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the comment. We have no liability or responsibility with respect to any comments made by users of the Website. 

__Prohibited Activities__

You agree that you will not do any of the following:
	•	Fail to comply with any applicable statutes, orders, regulations, rules, and other laws;
	•	Use the Website for any fraudulent or unlawful purpose; 
	•	Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
	•	Reproduce, duplicate or copy any Content or sell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Website;
	•	Breach or attempt to breach the security of the Website;
	•	Interfere with the Website by submitting any virus, worm, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, the Website or the Services; or
	•	Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the Website.

__Intellectual Property__

All content appearing on the Website (the “Content”) are protected intellectual property of, or used with permission or under license by, Joopiter. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Website are proprietary to us or our licensors. You do not acquire any right, title or interest in any content by accessing the Website.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the Content that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of claims of copyright infringement should be directed to:

Joopiter, Inc.
15 E. 26th Street
New York, NY 10010
Concierge@joopiter.com 

__Third Party Links__

Our Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

	•	Limitation of Liability 

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT OR MERCHANDISE AVAILABLE ON THE WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE MERCHANDISE AND THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

JOOPITER AND ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES, THE WEBSITE’S CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUSES, NOR SHALL THERE BE ANY LIABILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

JOOPITER AND ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

__Indemnity__

You agree to indemnify and hold harmless Joopiter and its partners, officers, employees, agents and contractors from any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of any provision of these Terms; (ii) your activities in connection with the Website, our Services or the Merchandise; or (iii) unsolicited information or content you provide to us through the Website. 

__International Users__

The Website is controlled, operated and administered by Joopiter from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any country or territory other than that of the United States. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.

__Governing Law/Disputes__

These Terms and the Privacy Policy shall be governed by and construed and enforced in accordance with the laws of the State of Delaware. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Privacy Policy shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  

Last Modified:  March 20, 2023

Terms & Conditions

Conditions of Sale

1. __Participating in a JOOPITER Auction or Private Sale.__ By registering with Joopiter Inc. (“Joopiter”) for an auction, you accept and agree to be bound by these Conditions of auction, which constitute your entire agreement with Joopiter. These Conditions govern the rights and obligations of all potential buyers who register for the auction (“Registered Buyers”).

2. __Joopiter’s Role.__ Most of the time, the Seller is the owner of the lot. Joopiter includes a TRIANGLE symbol ∆ in the lot description indicating that Joopiter or one of its principals is the owner of the lot or has an ownership interest in the lot.

3. __Offering Prices.__ For private sale lots, an Offering Price that has been determined in consultation with the Seller will be provided “on request” upon inquiry from a Registered Buyer. An Offering Price is an opinion of the price at which an object should sell at a Private Sale.

4. __Viewing.__ Although it is not always possible to arrange, please contact Joopiter if you wish to view any lot in person. Descriptions of lots and images are not warranties. Lots are sold “as is.”

5. __Condition, etc.: “As Is.”__ Joopiter guarantees (a) the authenticity of the lot to the extent described in the Authenticity Guarantee (see § 12 below), and (b) that you will receive good title to the lot to the extent required by law. OTHERWISE, YOU AGREE THAT EACH LOT IS SOLD “AS IS” AND IN THE CONDITION THAT IT IS IN AT THE TIME OF THE AUCTION. NEITHER JOOPITER NOR THE SELLER MAKES ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS OF THE CATALOGUE OR OTHER IMAGES, OR DESCRIPTIONS OF THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, COLOR, IMPORTANCE, MEDIUM, FRAME, PROVENANCE, EXHIBITIONS, LITERATURE, OR HISTORICAL RELEVANCE OF ANY LOT. No statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, online, or elsewhere, can be relied on by you or others to be a warranty, representation, or shall give rise to the liability of Joopiter or the Seller. Images, descriptions, and condition reports are not meant to be complete or a substitute for assessing the condition of the lot yourself or through an agent you may engage; they are for guidance only. Nothing in any written or oral descriptions of a lot constitutes a representation of fact; they represent the opinions held by Joopiter based on the information it has.

6. __Minimum Price Required by Seller.__ Unless Joopiter specifically states otherwise in writing, no lot will be sold for less than a confidential price determined in the Seller’s sole discretion. Until you (as a potential purchaser) and Joopiter reach an Agreed Purchase Price (defined below), any lot may be sold to another Registered Buyer or withdrawn without prior notice to you. 

7. __Agreed Purchase Price.__ A lot will only be sold to you when you place a winning bid. A winning bid constitutes (a) a specific, final price for the lot (excluding taxes, shipping, and other charges) (the “Agreed Purchase Price”) and (b) payment terms. You agree that your accepted bid is an obligation to pay the Agreed Purchase Price, is final, and cannot be revoked by you.

8. __Buyer’s Premium.__ A Buyer's Premium of 25% will be charged in addition to the final auction hammer price. 

9. __Registering to Make Offers and Purchase.__ When accessing a Joopiter platform, you must either log in to your Joopiter account or create an account if you do not already have one. You may then bid on auctions and make offers to purchase private sale lots subject to these Conditions of Sale. Joopiter reserves the right, in its sole discretion, to refuse your participation before, during, or after the sale.

10. __Withdrawal; Cancellation.__ Joopiter reserves the right to cancel a Private Sale and to withdraw any lot before, during, or after the sale; we shall have no liability whatsoever for such cancellation or withdrawal.

11. __Registered Buyers.__ By participating in a JOOPITER auction or private sale, you represent, warrant, and agree that:

  a. Neither you individually nor—if “you” are a company or other entity—any person who owns, partly owns, or controls the company or entity, are subject to trade sanctions, embargoes, or any other restriction on trade in the jurisdiction in which you or it does business, as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States (collectively, “Sanctioned Person(s)”);

  b. Where acting as agent (with Joopiter’s prior written consent), your principal is not a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s);

  c. None of the Agreed Purchase Price will be funded by any Sanctioned Person(s), nor will any party involved in the transaction, including, but not limited to, financial institutions, freight forwarders or other forwarding agents, or any other party, be a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation; and

  d. You are financially sound and know when and how you will pay for the lot if your offer to purchase the lot at an Agreed Purchase Price is accepted by Joopiter.

It is Joopiter’s policy to request a government issued identification containing a photograph, such as a passport, identity card, or driver’s license in order for you to register to be accepted by Joopiter as a Registered Buyer. Joopiter will use this information to verify your identification and screen for regulatory and financial risk. Additionally, Joopiter will conduct a World-Check check for screening and due diligence purposes. Please review Joopiter’s Privacy policy located at https://www.joopiter.com/concierge?slug=privacy-policy and the World-Check Privacy Statement located at https://www.refinitiv.com/en/products/world-check-kyc-screening/privacy-statement regarding the processing of your information and your rights.

12. __Authenticity Guarantee.__ Joopiter guarantees that the description of a lot that appears in italic letters with the first letter of each word capitalized (for example, *White Gold Diamond Drop Earrings*) is accurate. This guarantee is provided to the original purchaser for a period of four (4) years from the date of the Auction or Private Sale, is solely for the benefit of the original purchaser of record at the Auction or Private Sale, and may not be transferred to any third party.

To make a claim under the Authenticity Guarantee, a Registered Buyer who has continuously owned the lot (i.e., the original purchaser, not a subsequent transferee) must:

  a. Within 90 days of becoming aware of any information that casts any doubt on the accuracy of the description of a lot that appears in italic letters with the first letter of each word capitalized, provide us with the details of such information and all related documentation;

  b. Return the lot to us in the same condition as at the closing date of the sale and be able to transfer good title to the lot, free of any third-party claims arising after the date of such sale; and

  c. Provide Joopiter with reports regarding the accuracy of the description of a lot that appears in *italic* letters with the first letter of each word capitalized from at least two (2) independent, qualified, and recognized experts, who are reasonably acceptable to Joopiter in its discretion.
Joopiter has the sole discretion to waive any of the above requirements but must do so in writing.
You agree and understand that the rescission of a sale and the refund of the original purchase price paid pursuant to this Authenticity Guarantee (and or for any other claims you may have) is your sole remedy and in lieu of any other remedy which might otherwise be available to you, including as against the Seller. Neither Joopiter nor Seller shall be liable for any special, punitive, incidental, consequential, or other damages incurred or claimed including, but not limited to, lost profits, or interest.

__Other Information that Registered Buyers May Find Useful__

Please note that all weights and sizes are approximate, whether or not they are qualified as such. Photographs are often not actual size and should not be taken as indicative of a jewelry piece or gemston's actual size. When Joopiter has gemological reports, Joopiter may make them available but cannot guarantee their accuracy as some laboratories assess gemstones differently and report different results based on testing methods. It is not uncommon for colored gemstones to have been treated (e.g., with heat or oil) to enhance their appearance but it is not possible for Joopiter to determine whether any of the lots including gemstones have been treated.

Joopiter is aware of the connection between "conflict diamonds" and the link between diamonds sourced in certain regions and violent conflict. Joopiter will not knowingly sell any diamonds that it knows to have been sourced from regions identified by the United Nations as sources of conflict diamonds.

13. __Record of Sale.__ The record of sale kept by Joopiter is absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by Joopiter, the record of sale will govern.

14. __Obligations of Registered Buyers in the Event an Agreed Purchase Price is Reached.__ Subject only to these Conditions of Sale, Joopiter’s agreement in writing to an Agreed Purchase Price and payment terms establishes a binding contract with the Registered Buyer. Joopiter will email an invoice in the name of, and with the address registered for the Registered Buyer, which cannot be transferred to other accounts, names, or addresses without Joopiter’s explicit agreement in writing.

  a. __Payment.__ Unless otherwise agreed by Joopiter in writing, the Registered Buyer must pay the full Agreed Purchase Price invoiced (including applicable tax, and other amounts due), so that it is received by Joopiter within five (5) business days of the date of the invoice. Unless otherwise agreed in writing, all payments will be made by wire transfer.

  b. __Tax.__ Unless exempted by law, the purchaser will be required to pay the applicable state and local sales tax and/or duties on the Agreed Purchase Price, regardless of the state or country in which the purchaser resides or does business. If the lot is delivered to a state where Joopiter is not required to collect sales tax, it is the responsibility of the Registered Buyer to self-assess any sales or use tax and remit it to the taxing authorities in that state.

  c. __Title.__ Title to, and right to possess, a lot will not pass until Joopiter has received the full Agreed Purchase Price in good, cleared funds and received Seller’s confirmation of receipt of the applicable sale proceeds. Joopiter is not obligated to release a lot to the Registered Buyer unless she, he, or they have paid the full Agreed Purchase Price (inclusive of taxes, duties and any other costs identified by Joopiter) and the Seller has confirmed receipt of the applicable sale proceeds.

  d. __Collection of Property.__ Unless otherwise agreed to in writing with Joopiter, Registered Buyers must arrange for the lot to be delivered to them, at their expense, within 30 days of the Private Sale. Joopiter and the Seller’s liability for loss or damage to the lot shall cease upon the earlier of (i) 30 calendar days after the Private Sale or (ii) the release of the lot to you or a designated agent nominated by you and agreed to, and verified by, Joopiter in its sole discretion.

  e. __Exports and Permits.__ It is the Registered Buyer’s sole responsibility to identify and obtain any necessary export, import, or other permit for the lot. Any information in the lot description reflect Joopiter’s reasonable opinion at the time of publication and are for Registered Buyers’ general guidance only. Joopiter and the Seller make no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.

__Joopiter’s Obligations.__

  a. __Data Protection.__ Joopiter will hold and process your personal information and may share it with its third-party service providers for use as described in, and in line with, Joopiter’s Privacy Policy, published on its website at https://www.joopiter.com/concierge?slug=privacy-policy or available on request by email to concierge@joopiter.com. Additionally, as the Private Sales will be conducted via Basta Ventures ehf. (“Basta”), your information will be processed by Basta in accordance with its Privacy Policy located at https://www.basta.ai. Under European data protection laws, you may object, by request and free of charge, to the processing of your information for certain purposes, including direct marketing, you may access and rectify personal data relating to you, and may obtain more information about Joopiter’s data protection policies by writing to Joopiter at concierge@joopiter.com.

  b. __EU CONSUMER RIGHTS DIRECTIVE.__ If you are a consumer habitually residing in the European Union and the Seller of the lot you have bought is not a consumer, you have the right under the EU Consumer Rights Directive to cancel your online purchase within 14 days of the date you collect the lot or it is delivered to you. 

If you qualify for the cancellation right and wish to exercise it, you must notify us in writing within 14 days of the date you collect the lot, or it is delivered to you (“Cancellation Period”). You are considered to have collected a lot if you collect, or someone you authorize, collects the lot on your behalf. Within 14 days of sending us the cancellation notice, you must return the property to us at your own cost in the same condition as when it was collected by or delivered to you. If a lot was delivered to you, you should use the same shipping method that was used to deliver the lot to you to return the lot. You must pay all return shipping costs, including any applicable import and customs fees, charges and taxes, and answer for any loss or damage to the lot incurred after it was released to you.

Upon receiving the lot, and provided it is in the same condition as when the lot was collected by or delivered to you, we will reimburse the Purchase Price you paid (less any deductions for loss in value of the Property due to your actions or those of one or more of your agents) by the same means that you used to pay the invoice.

16. __Joopiter’s Rights.__

  a. __Concerns about Funds.__ Joopiter has the right to refuse to accept payment if, in its sole discretion, it has concerns about the accuracy of any of the representations and warranties above, payment comes from a source other than the Registered Buyer identified by Joopiter as the purchaser of record, or if it believes that accepting the payment would be unlawful or may subject Joopiter to any liability.

  b. __Unmet Payment Obligations.__ Without prejudice to any rights the Seller may have, if you fail to pay the full Agreed Purchase Price (including applicable tax and other amounts due) for a lot in good, cleared funds within five (5) days of the close of the auction, we may in our sole discretion exercise one or more of the following remedies:

  i. Cancel the sale of the lot, retaining any partial payment as liquidated damages;

  ii. Charge interest at 12% per annum from the date payment became due until the date the full Agreed Purchase Price, plus applicable tax and other amounts due, is received in cleared funds;

  iii. Resell the lot in any commercially reasonable manner, it being understood that in the event such resale is for less than the Agreed Purchase Price and other amounts due for the sale that lot, the initial Registered Buyer will remain liable for the shortfall together with all costs incurred in connection with such resale;

  iv. Commence legal proceedings to recover the Agreed Purchase Price and other amounts due for that lot, together with interest, reasonable attorney’s fees, and the costs of such proceedings;

  v. Set off the outstanding amount remaining unpaid by the Registered Buyer against any amounts which we may owe the applicable tax and other amounts due in any other transactions; and/or 

  vi. Release information about the applicable tax and other amounts due sufficient to enable the Seller to recover the amounts due from the Private Sale, plus costs and reasonable attorneys’ fees, in legal proceedings or otherwise.

17. __Resolving Disputes.__ We hope never to have any disputes with you but, if we do, we will first try to resolve it amicably if we (in our sole discretion) believe that we reasonably can. If we do not resolve the dispute, this section contains the important terms to which you and other Registered Buyers agree by participating in the auction.

  a. __Governing Law and Jurisdiction.__ These Conditions of Sale, as well as the Registered Buyer’s, and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of courts located in the State of California.

  b. __Limitation of Liability.__ Under no circumstances shall the aggregate liability of Joopiter and the Seller to a purchaser exceed the amount of the Agreed Purchase Price actually paid.  Joopiter will not be liable for any errors or failures to accept and close on a Registered Buyer’s offer to purchase a lot, including due any errors or failures caused by (i) a loss of connection to the internet or the Joopiter’s online platform by either Joopiter or a Registered Buyer; (ii) a breakdown or problem with Joopiter’s online platform software; (iii) a breakdown or problem with a Registered Buyer’s Internet connection, mobile network, or computer; (iv) miscommunications; or (v) Seller’s withdrawal of a lot.

  c. __Allocation of Dispute Costs.__ The prevailing party—you or we as determined by the court—will be entitled to recover the costs of the dispute, including reasonable attorneys’ fees and other costs, plus interest at the rate authorized by the law of California.

18. __Conditions are Frequently Updated.__ Joopiter periodically, including during a sale, updates and makes changes to these Conditions of Sale. While we do not send out notices to you when we do so, you can check the most-current Conditions of Private Sale by going to the [Terms of Sale](https://www.joopiter.com/concierge?slug=terms-of-sale "Terms of Sale") page at [https://www.joopiter.com/concierge?slug=terms-of-sale](https://www.joopiter.com/concierge?slug=terms-of-sale "Terms of Sale"). We include a note that the Conditions are “Current as of March 20, 2023” on the web change. When you buy from us, you will be agreeing to the latest Conditions of Business so you should review them before making an offer to purchase a lot.

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Lorraine Schwartz

Diamond Ring Containing a 5.00 Carat Fancy Vivid Blue, VS1 Modified Pear Double Rose Cut Diamond and 0.31 Carat of Diamond Pave Set in 18k White Gold. The Diamond Is GIA Certified.

Joopiter

Fancy Vivid Blue Diamond Ring Set in 18k White Gold

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