Terms and Conditions
Terms and conditions
About us
We are PRAGMA LLC, a company registered in the Republic of Latvia under company number 40203136893, VAT number: LV40203136893, with legal address Babites nov., Babites pag., Brivkalni, Dambju iela 2, LV-2107 and address of correspondence Riga, Grecinieku street 30-702, LV-1050 ("we", "our", "us" or "pragmavaluables.com"). If you wish to contact us, you can contact us by emailing us at legal@pragmavaluables.com or calling +37127014233.
Payment Terms
Please take note that your credit card may be charged 4 days after the auction. All major credit cards are accepted, Pay Pal also. Please note that we will not accept Credit/Debit Card payments for any transaction for an Invoice that exceeds EUR 10'000,00 - such transactions are only accepted by Bank Wire Transfers. Please be informed that for any transactions exceeding EUR 10'000,00 our team will ask you to provide additional information in connection with the section these terms "Anti-money laundering and terrorism and proliferation financing". Total charges for the lot won at an auction are set out in the confirmation e-mail.
Shipping
PRAGMA LLC provides handling, packing, and shipping services solely as a convenience for our Bidders. International shipments are EUR150 - EUR1'500 (shipping cost may differ and could increase based on the value and the specifics of the package, for example, for bulky, large cargo, and highly valuable items the price may vary depending on the actual hammer price). Shipping cost is included in the bidder post-sale invoice. We ship within 7-10 business days after receiving payment if the lot won at an auction is located in the Republic of Latvia. In case if the lot is located in a different country, PRAGMA will receive the lot from its owner, conduct additional expertise if needed and send it to the winning bidder (this process might take 4 - 8 weeks). Every shipment will be packed professionally and we ship worldwide. Tracking numbers are also emailed as soon as packages get shipped. The items are shipped using our logistic partners and each package is fully insured. All shipments are insured at the total bid amount contained in the shipment (other add-on charges are not covered by insurance). We pay for insurance services at our own expense as a security for both our bidders and PRAGMA LLC. We also require a Direct Signature from the Bidder once the merchandise is received.
In the unusual event of a shipment exceeding ten business days, we will notify the recipient of the delay and offer an estimate for delivery. Occasionally delivery to a Buyer of the lot may be affected by an Event Outside Our Control, please see section "Events Outside Our Control" for further details of Events Outside Our Control. However, the lot being insured shall give us the opportunity to send money back to the winning bidder in case the lot is not delivered to the winning bidder. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
Taxes
VAT may be applied to each sale.
For International customers, the shipping fee will be included in your invoice. Customs and duties are the sole responsibility of the buyers. We have no control over these charges and we cannot predict their amount. Customers should check whether they are liable to pay import duties and taxes prior to receiving the lot. The tracking number will be emailed as soon as it becomes available.
Buyer's Premium
A Buyer's premium amounting to 20% of the winning bid amount will be added to the purchase price of each lot plus a 5% Invaluable.com/Auctionzip.com fee. The winning bidders acknowledge and agree to pay a total of 25%
premium on top of the winning bid price.
**Note to bidders: Please be advised of the following:
**All Jewelry is new unless stated differently
**All watches are pre-owned unless stated differently
** All Diamonds and colored stones have been submitted to valuation by an independent jeweler while being set in mountings and the specification of the stones is a professionals' opinion unless the diamonds or colored stones have a certificate.
**All Antiques, porcelain, silverware, art, and other valuables are sold as seen in combination with a brief description unless provided with a condition report and other specific documentation
**All loose diamonds are new and GIA certified
**Each piece of jewelry will be submitted to the Latvian assay office for certification and additional valuation after been fully paid for by the highest bidder and before being shipped.
**An estimated price range will be given to our clients for reference. These estimates are only for educational purposes. Bidding normally begins at about one-half of the low estimate.
**Please note that the description and composition of the Valuables listed on our website are compliant with the opinion of our experts, as concluded during the authentication and screening process before placing the Valuables in the auction.
Remedies
On the fall of the Auctioneer's hammer, or upon the statement of "sold," the highest bidder or authorized agent shall be deemed to have purchased the offered lot, in accordance with all of the conditions set forth herein and will pay the purchase price in full plus buyer's premium, any applicable taxes, shipping & handling fees (if applicable). The payment shall be executed within 3 (three) business days. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the Consignor by the law of the Republic of Latvia, including but without limitation to the right to hold the Purchaser liable for the purchase price, we, at our option, may either:
• Cancel the sale;
• Resell the property and notify the Purchaser within 3 days.
**Failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action.
Anti-money laundering and terrorism and proliferation financing
PRAGMA reserves the right to request from the winning bidder additional information regarding enhanced identification methods, the provenance of funds involved in the transaction, including, but not limited to original identification hard copies, bank, and financial statements, employment documents, documents regarding revenue and source of funds in order to prevent money laundering and terrorism and proliferation financing. In case of non-compliance with PRAGMA's requests in regard to these terms, any transaction may be suspended and cooperation terminated permanently without additional explanations.
Events Outside Our Control
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms that are caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disasters, failure of public or private telecommunications networks, the impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
Special cases for damaged goods
We hope your valuables reach you in perfect condition, however, if the items are damaged in transit, or are faulty please contact us on the same day of receiving the item so we can advise you what to do. Please retain the original packaging as you may be asked to return this with the valuables to us.
Please pack returned goods with care and send them to a trusted logistics company or which provides adequate insurance to cover the value of the item and requires a signature on receipt. It is imperative that you use the correct logistics service when returning goods to us, as we cannot be held responsible for any items returned to us that are lost in transit. Please contact us so we can advise you on what to do so we can help you with the necessary instructions.
You may return items in a new and unused state, in perfect condition, with all tags and stickers attached to them. PRAGMA LLC will not accept any return and will not compensate the price for the items if any item that was purchased new shows signs of wear, has been used, or has been altered from its original condition in any way.
You may return the item won on a PRAGMA LLC held auction only if a certified professional has issued proof (the original of the document or its authorized copy must be sent to PRAGMA LLC legal address) that the item does not in any way match the description provided by PRAGMA LLC (unless there is a certificate or other paperwork that confirms the information stated in the description of an item) within 3-5 days following delivery, for exchange or for the refund to your credit card or PayPal account. PRAGMA will then assess the situation and in case of our prior approval, you will be eligible to return the lot back to us.
If returning items from overseas outside the European Union please clearly write on your customs declaration 'RETURNED GOODS/FAILED SALE'. If it is not clear that the lot is a return and we incur customs charges, we will pass these on to you.
Also please write the item description as 'Fashion Accessory' as not to raise awareness of the contents enclosed.
*The rules for Fashion Accessory items do not apply to furniture, paintings, and sculptures.
Restrictions on your use of the auction
You must be at least 18 years old and legally capable of entering into binding contracts in order to take part in the auction.
Risk and title
The title to any lot won on an auction shall transfer to a Buyer upon our receipt of full payment for such lot. Risk in the lot shall remain with the Buyer from the time of delivery.
Limitation of liability
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
If we fail to comply with these terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it as contemplated by you and us at the time we entered into these terms;
Subject to the previous section, our total liability in respect of the lot won on an auction or any breach of these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including loss or damage during collection, storage, or return, shall not, in any event, exceed the value of the relevant lot won on an auction;
Except as set out in these terms, all warranties, conditions, and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from these terms. In particular, we will not be responsible for ensuring that the lot won on an auction are suitable for your purposes.
This section shall survive termination of these terms;
We are in no way liable for any off-site transactions, negotiated and completed outside our terms and conditions.
How we use your personal information
We process your personal data as stated in our Privacy policy on our website "www.pragmavaluables.com".
Our right to vary these terms
We may revise these Terms from time to time.
Every time you place a bid, the Terms in force at that time will apply to any corresponding bid.
Obligations
You shall:
-ensure that the information you include in your use of the website is complete and accurate; and
-ensure that you only take part in any auctions if you are at least 18 years old.
Termination
We may terminate relationships with you with immediate effect by notice in writing to you if:
-you fail to pay any amount due under these terms, including any interest accrued, by the date due; or
-you are in breach of any term of these terms.
Consequences of termination
Upon termination of relationships with you for any reason:
-you shall immediately pay to us all of our outstanding unpaid invoices and interest;
-the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of these terms which existed at or before the date of termination or expiry; and
-sections which expressly or by implication have effect after termination shall continue in full force and effect.
Confidentiality
Each party shall keep in strict confidence all information that is of a confidential nature and which has been disclosed by one party to the other party. This section shall survive termination of relationships with you.
Notices
Notices to you
-Any notice given by us to you under these terms must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.
-Your address for service of notices shall be your e-mail and/or postal address specified in your application or any other address which you have previously notified us in writing.
Notices to us
-Any notice given by you to us must be in writing and may be served by personal delivery, by pre-paid post, or by e-mail.
-Our address for service of notices shall be our correspondence address set out in these terms.
-A notice will be served at the time of personal delivery or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.
-You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorized persons, insurance details, or access details stated in your application.
Assignment and sub-contracting
We may at any time assign, transfer, mortgage, charge, subcontract, or deal in any other manner with all or any of its rights under these terms and may subcontract or delegate in any manner any or all of our obligations under these terms to any third party or agent.
You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any or all of its rights or obligations under these terms.
Other important terms
All intellectual property rights in or arising out of or in connection with the lot shall, as between you and us, be owned by us.
These Terms are only available in the English language.
If any of these Terms conflict with any terms of the actual auction process, the auction process will take priority.
If you are a consumer, you have legal rights in relation to the lot. Advice about your legal rights is available from our local Consumer's rights protection authority. Nothing in these Terms will affect these legal rights.
If you are a consumer, please note that these terms are governed by the laws and regulations of the Republic of Latvia. This means the purchase of the lot and any dispute or claim arising out of or in connection with it will be governed by the law of the Republic of Latvia. You and we both agree that the courts of the Republic of Latvia will have exclusive jurisdiction in connection with any such dispute or claim.
If you are a business, these terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Latvia. You and we both irrevocably agree that the courts of the Republic of Latvia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).
The authenticity of the lot
All listings are screened by the PRAGMA Approval team prior to being set live on the auction platform. Buyers are always encouraged to ask any questions prior to registering for an auction by contacting PRAGMA. All payments for the lot won, are made directly to PRAGMA.
Information regarding Export permits and valuable subject to these permits
Antiques and art older than 100 years
* Articles of antiques, art, furniture, old musical instruments more than one hundred years old. Please see Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970
Endangered species
*CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora). The aim of CITES is to ensure that international trade in wild animals and plants including live and dead specimens (whole), parts (such as animal skins), and derivatives (such as food/medicine made from such animal and plants) does not threaten their survival. All imports, exports, and re-exports of species covered by the Convention have to be authorized through a system of permits and certificates issued by corresponding local governmental authorities.
Right of Withdrawal for consumers
If you are a consumer, you are entitled to withdraw from this agreement within 14 days without giving any reason for doing so.
The withdrawal period will expire after 14 days from the day on which you have acquired physical possession of the Valuables.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this agreement by an unequivocal statement - LLC "PRAGMA", a company registered in the Republic of Latvia under company number 40203136893 with legal address Babites nov., Babites pag., Brivkalni, Dambju iela 2, LV-2107 and address of correspondence Riga, Grecinieku street 30-702, LV-1050 - to our e-mail address - legal@pragmavaluables.com, or by post to our address of correspondence. The withdrawal sample is below:
1) Addressee - LLC "PRAGMA" a company registered in the Republic of Latvia under company number 40203136893 with legal address Babites nov., Babites pag., Brivkalni, Dambju iela 2, LV-2107 and address of correspondence Riga, Grecinieku street 30-702, LV-1050.
2) I/We hereby give notice that I/We withdraw from my/our contract of sale of the following Valuables [……………………………………………..].
3) Received the item on [……………………………………………..].
4) Name of consumer.
5) Address of consumer.
6) Signature of consumer [only if this form is notified on paper by post].
7) Date.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this agreement, we shall return all payments received from you, including delivery costs (except for the additional costs incurred due to the fact that you have chosen a mode of delivery which is not our proposed least expensive standard delivery mode), without undue delay, and in any case no later than within 14 days from the day when we were made aware of your decision to withdraw from the contract. Refunding will be done using the same payment instrument that you used for the original transaction, unless you have clearly agreed otherwise. In any case, you will not be charged any fee in connection with any such refunding. We may withhold reimbursement until we have received the valuables back or you have supplied evidence of having sent back the valuables, whichever is the earliest.
You shall hand over the Valuables to our trusted logistics partner confirmed by us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this agreement to us. The deadline is met if you hand the Valuables back to our trusted logistics partners before the period of 14 days has expired. You will have to bear the direct cost of returning the Valuables. The cost is estimated at a maximum of approximately EUR 1'500 (for bulky, large cargo and highly valuable items the price may vary depending on the actual hammer price). You are only liable for any diminished value of the Valuables resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Valuables.
The process of return, in particular, shall have the following steps:
1) If you have withdrawn from the agreement in the set term, we will send you an invoice regarding costs of returning the Valuables;
2) When we have received the payment, we will send our logistics partners to take the Valuables from you. Appropriate date shall be communicated in-between us and you.
3) In case the Valuables are subject to an export permit, you shall obtain such export permit on your own cost. Such export permit will be asked to be sent, firstly, by e-mail together with the notification on withdrawal. Afterwards such export permit shall be attached to the Valuables when the products will be shipped out to us.
4) You have to prepare the Valuables to be taken by our logistics partners. They will take care of the packaging and safe return of the Valuables back to us.
PLEASE NOTE: We will contact you to safely receive back the Valuables from you from your address. Please at all times follow our instructions and do not perform the return by yourself due to the high value and specifics of the Valuables.
All Valuables should be returned to us unworn and unused, in their original packaging and in the same condition as shown and described in the photographs and description of the listings in the website.
Please also note that in case the Buyer is not a consumer, the Buyer has no rights of withdrawal from this agreement.
PLEASE CONTACT US SO WE CAN ADVISE YOU WHAT TO DO SO WE CAN HELP YOU WITH THE NECESSARY INSTRUCTIONS.
