Terms & Conditions
The lots listed in this catalogue will be offered by MJ Gabel as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale.
The terms and conditions herein (“Buyer Terms and Conditions,” “Conditions of Sale,” “Terms and Conditions,” or other similar pronouns) sets forth the terms of the agreement between the bidder, buyer, and/or representative of the buyer and/or bidder and/or representative (“Bidder,” “Buyer,” “Representative,” “Bidder/Buyer/Representative,” “you,” “your,” or other similar pronouns), as bidder and/or buyer and/or representative, and MJ Gabel (“MJ Gabel,” “we,” “our,” or “us” or other similar pronouns), regarding the sale of the property (“Property”) being offered in this auction. These terms govern your participation in the auction as a bidder and/or buyer and/or representative as well as your access to and use of any digital, print, and intellectual properties and materials owned by MJ Gabel. If you are using any digital platform including but not limited to websites, mobile applications, or online bidding platforms (“digital platform” or “digital platforms”), whether owned by MJ Gabel or a third party, additional terms and conditions may apply and shall be posted by or made available to you by the platform owner.
1. PROPERTY CONDITION, AUTHENTICITY, REPRESENTATION, AND WARRANTY
1.1 Property is Sold “As Is”
All Property is sold “As Is”, without any warranty or representation, expressed or implied, by us. The absence of a Property condition report does not imply any particular condition. All statements contained in this catalog, on our website, in any digital platform, in any materials, in any condition report, in any invoice, or elsewhere as it relates to this sale, as to source, authorship, origin, condition, provenance, period, culture, quality, importance, rarity, and/or historical significance are statements of opinion.
1.2 Property is Available for Inspection and Condition Reports are Available Upon Request
It is your responsibility to inspect and/or request additional photographs, videos, and/or condition reports for any Property you intend on bidding for, prior to the day of the sale. MJ Gabel will not be held responsible or liable for providing such information to you in time for the sale, if you do not request the information at least 48 hours prior to the sale.
1.3 Certificates of Authenticity
MJ Gabel will, from time to time, for various lots offered, obtain certificates of authenticity from the designer and/or manufacturer, when possible and practical, in our sole discretion and under our sole judgement. However, not all designers and manufacturers issue certificates upon request. In the event that you are a winning bidder and you attempt to obtain such a certificate from a designer and/or manufacturer and are unable to, you understand and agree that this will not constitute grounds to rescind the sale. Furthermore, you assume all such risks in the purchase of the lot(s) that you bid for and win and will not hold MJ Gabel liable for any costs, expenses, losses, liabilities, and/or damages as a result of such events.
1.4 Gemological Certificates and Reports
MJ Gabel does not guarantee and accepts no responsibility for the accuracy of the information contained in any gemological reports and/or certificates. MJ Gabel uses such reports and/or certificates as a point of reference. All liability with regards to accuracy shall be assumed by the gemological laboratory from which the certificate and/or report originates. Please note that different laboratories may differ in their assessments (including but not limited to: origin, type and extent of treatment) and thus such certificates and/or reports from different laboratories may contain different results. If, following a sale, a buyer obtains a gemological laboratory certificate or report from a laboratory other than the one used by MJ Gabel, MJ Gabel will not be held liable for any differences in certificates or reports. From time to time, MJ Gabel will guarantee certain characteristics for a gemstone offered for sale and oftentimes, the sale is contingent upon receipt of a certificate confirming such characteristics. When such a situation occurs, MJ Gabel will explicitly and clearly state the terms of the guarantee.
MJ Gabel does not guarantee the working condition of any timepieces. All timepieces are sold without warranty. MJ Gabel attempts to identify significant damage and make note of such damage in catalog descriptions, when and where possible. However, MJ Gabel makes no guarantee as to the full and complete condition report of any timepiece. Furthermore, catalog descriptions and condition reports do not necessarily include all faults, imperfections, or restorations performed on the timepiece. Many of the watches offered for sale are pictured with straps made of endangered or protected animal materials. Any of these endangered species straps are shown for display purposes only and are not for sale. MJ Gabel will remove and retain the displayed endangered species straps prior to shipment. At some sale sites, MJ Gabel may, at its discretion, make the displayed endangered species straps available to the buyer of the lot free of charge if collected in person from the sale site within six (6) months of the date of the sale.
1.6 Estimated Gemstone Weights
Certain gemstone weights are estimated using techniques that yield approximate measurements. The values produced by these techniques and reported in the catalog descriptions are to be used as approximations, and should not be relied upon as exact measurements.
2. PAYMENT & RECEIPT OF PROPERTY
2.1 Balance Due and Due Date
You will be required to pay the total balance of your account, which is equivalent to the Total Purchase Price. Unless otherwise agreed to in writing and signed by MJ Gabel, payment is due within seven (7) calendar days of the completion of the auction. Under certain circumstances MJ Gabel may offer extended payment plans/terms for certain buyers. We shall, in our sole discretion, make such decisions without disclosing any information regarding such decisions to any other party. If the buyer makes a partial payment, we shall, in our sole judgement, apply the partial payment to any particular line items or lots on the buyers account balance that we see fit in whichever manner we see fit. Payment will not be deemed made in full until we have collected good funds for all amounts due and all funds have cleared our bank account.
2.2 New York State Sales Tax
New York sales tax shall be applied to a buyers’ accounts, as a percentage applied against the taxable portion, if any, of the Total Purchase Price, and collected by MJ Gabel at the time of settlement, to buyers located in New York State. Property delivered to a destination outside of New York by a shipper who is considered a “common carrier” by the New York Department of Taxation and Finance (e.g., DHL, FedEx, UPS, and/or USPS) will not be subject to New York sales tax. Buyers/bidders/representatives who make any other such arrangements for pickup or delivery in the state of New York, will be subject to New York State Sales Tax, pursuant to the details herein and all applicable laws. One final exception: If a Buyer/Bidder/Representative possesses and presents to MJ Gabel a resale ID, taxes are not applicable and will not be applied or collected.
2.3 Accepted Forms of Payment and Associated Limitations and Service Charges
The buyer must pay the entire amount due (including the hammer price, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) calendar day following the sale. Payment in U.S. dollars may be made with Credit Card; Paypal; bank check or cashier’s check drawn on a U.S. bank; or wire transfer unless other arrangements are made with MJ Gabel. A valid photo identification card may be requested to verify buyer and payment. Any amount due greater than $3,000 USD must be paid by wire transfer or bank check directly to MJ Gabel. MJ Gabel reserves the right to hold merchandise until the payment has cleared the bank.
2.4 Property Pickup or Delivery
Prior to account settlement, you must inform MJ Gabel in writing (email is preferable) of your desired method of receipt of your new property—either pickup or delivery. If requesting delivery, MJ Gabel will arrange a fully-insured shipment for you, with a reputable “common carrier” (e.g., DHL, FedEx, UPS, and/or USPS). If picking up, or requesting delivery to a New York mailing address, you understand that you will be subject to any applicable sales taxes, as detailed herein. If you do not pick up or accept delivery of your purchased property within 10 business days of account settlement, or if we have not come to some other written agreement with regards to your receipt of the property, we may consider that property abandoned and rescind the sale on behalf of property owner
3. AUCTION PROCESSES, PROCEDURES, AND PLATFORMS
3.1 MJ Gabel’s Rights and Permissions
We may sell, pass, withdraw, or advance a lot in any manner they decide and may split any bid increment for any lot at any time, all at their sole discretion. We may also, in their sole discretion, for any reason they deem necessary, especially in the event that we doubt the validity of a bid or a bidder, reject any bids, from any bidder, for any Property, at any sale and at any time. In event of a bidding dispute, we have the sole, exclusive, and final decision in the selection of the winning bidder, the cancelation of the sale, the re-entering of a previously withdrawn lot, the re-opening and re-offering of a previously passed lot, and/or the re-selling or re-passing of the disputed lot.
3.2 Property Withdraw, Lot Consolidation/Division, and Lot Re-Sequencing
We reserve the right, in our sole discretion, for any reason we deem necessary, to withdraw any property from any sale at any time prior to the sale of such property, divide property of a lot up into multiple lots to be offered for sale, or consolidate multiple lots into fewer lots to be offered for sale, or rearrange lot sequencing. You agree to hold MJ Gabel harmless for any such actions. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalog and no lots shall be divided or combined for sale.
3.3 Lots With Reserves
We may offer lots subject to a “Reserve,” which is a confidential minimum price below which a lot will not be sold. If, during the course of bidding, a lot does not meet its Reserve, the auctioneer shall pass the lot. The auctioneer may bid on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders, until the reserve is reached, at which point the auctioneer will cease bidding on the consignor’s behalf. If MJ Gabel has an interest in a lot, the auctioneer will behave in the same manner, with respect to bidding on the behalf of the consignor to meet a reserve price, that he or she would otherwise behave for any third-party consignor.
3.4 Consignor Integrity
Under no circumstances is any consignor or representatives of any consignor allowed to bid on their own items. If such an event takes place, the consignor will be subject to all applicable penalties and MJ Gabel will be permitted full authority to resolve the matter in using any available means and manner contractually and legally permitted, as outlined in the Master Consignment Agreement.
3.5 Online Platforms and Bidding
MJ Gabel may allow clients to bid online via our own website, mobile application, or other third-party online platforms. By using any of these digital platforms to participate in a sale, you acknowledge that you are bound by these Terms and Conditions, as well as any additional terms and conditions stipulated by the digital platforms. At any time, MJ Gabel may terminate, suspend, change, discontinue, or add to any aspect of the digital platforms and/or services, in our sole discretion, without liability. We also may restrict, suspend, or terminate use of access for anyone at any time. When using any third-party digital platforms to participate in a sale. You acknowledge that MJ Gabel has no responsibility for any of the content, interaction, or risks associated with a third-party digital platform. Under no circumstances is MJ Gabel liable, directly or indirectly, for any loss or damage that you may incur on a third-party digital platform.
4. BUYER’S DEFAULT AND RESCISSION OF SALE
4.1 Buyer’s Default
If you fail to fully pay for your auction purchases, including all applicable expenses, fees, and taxes, by the due date (seven calendar days after the date of sale) or if any of the terms and conditions herein are not complied with by you and/or your Representative or if we suspect, for any reason, that you or your Representative are fraudulent or are incapable of fulfilling your obligations as a buyer, pursuant to these Terms and Conditions, you will be in default, and MJ Gabel will be fully entitled to and may elect to:
A) Cancel the Sale
We may cancel the sale and either offer the lot at a future auction, sell the lot privately, or return the lot to the consignor. Regardless of the course of action we elect to take, if the lot is re-sold, you shall be held fully responsible for the difference between the original total balance due and the proceeds from the resale. If we return the lot to the consignor, you shall be held fully responsible for any loss of commission we incur as a result of your actions and any other fees and expenses originally due to us on the total balance due as well as any fees and expenses we incur during the process of canceling and re-selling the lot(s); or
B) Blacklist You
We may blacklist you and prevent you from bidding with us indefinitely or for a finite amount of time, at our sole discretion, or we may require you to place a deposit with us before accepting future bids from you; or
4.2 Rescission of Sale Limitations
If within one (1) week from the date of sale, the original buyer provides to MJ Gabel written notice claiming that the representation of a lot(s) is substantially incorrect based on a fair reading of the catalog in its entirety and including consideration of any amendments made by MJ Gabel prior to the sale, and so far as the claim is in full compliance with this Section 6.2 and the following Section 6.3, MJ Gabel will open a case internally for further investigation. However, to remain an open case under consideration, the original buyer and property must comply with all terms herein, as follows: (1) The property in question must be returned to MJ Gabel within ten calendar days after such notice was provided; (2) The property must be in the same condition as it was at the time of sale; (3) The buyer must be the original buyer; and (4) The notice provided must establish a claim that is substantially complete with all necessary details, including two (2) or more written opinions by recognized and credible experts in the field, as we may reasonably require, and according to our sole judgement. Upon completion of and compliance with the prior terms, the case shall be reviewed by MJ Gabel and the sale of such lot will be rescinded and the original Total Purchase Price returned to the original buyer, unless we have already paid to the consignor proceeds owed him or her in connection with the sale, in which case we shall pay the original buyer an amount totaling the sum of the commission we collected from the original buyer at the time of account settlement, as well as any recoverable taxes, fees, and expenses charged to the buyer’s account for that sale and collected from said buyer at the time of account settlement.
4.3 Claims of misrepresentation made by an original buyer will be considered unsubstantial and rescission of sale will be rejected if, for the lot(s) in question any of the following apply: (1) Representation of authenticity of such lot was in accordance with the generally-accepted opinion of specialists, scholars, and authorities of that time at the time of sale; or (2) It was specifically mentioned that there was an existing conflict in expert opinion between specialists, authorities, and/or scholars regarding the authenticity of the lot, at the time of sale; or (3) The representation of periods and/or dates in the catalog description were made using a reasonable amount of effort and with the tools and technology that were generally available and in common use at the time of publishing the sale—furthermore, if new tools, knowledge, and/or technology exists at the time of the claim, that was either not in existence, for which the accuracy was in dispute, for which was not in practice, or for which was not practically obtainable at the time of publication.
5. INTELLECTUAL PROPERTY RIGHTS
MJ Gabel owns, solely and exclusively, all rights, title, and interest in and to all intellectual property displayed and/or contained in and/or on our digital platforms, websites, mobile applications, social media accounts, print materials (including but not limited to catalogs, marketing materials, ads, business cards), and anywhere else our intellectual property might exist. Specific examples of the intellectual property referenced here, include but are not limited to, copyrights, patent rights, database rights, trademarks, trade secrets, trade names, moral rights, logos, graphics, audio, icons, other visuals, service marks, branding and brand marks, slogans, content, authorship rights, attribution rights, modification rights, software, data, code, property descriptions, print and digital catalog text, website and marketing material text, formatting and layout, look and feel, photographs, digital images, illustrations, and/or videos developed by us or for us—whether or not such intellectual property is registered in any jurisdiction. You are not permitted to claim ownership of, download, copy, reproduce, display, transfer, distribute, publish, sell, modify, perform, create derivative works from, or otherwise make use of or exploit in any way any such intellectual property, as defined explicitly and implicitly herein, without the express and written consent of a MJ Gabel Authority. Your use of or observance of anything contained on our website, digital platforms, mobile applications, or any other such tools, software, materials, or platforms should not in any way be construed as granting any ownership, license or right to use any of our intellectual property without the necessary express written permission detailed herein. MJ Gabel may charge a licensing fee for any approved reproduction and/or use of any such property. We make no guarantee that you or anyone will be granted a license or permission to make use of any of our intellectual property.
6. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend and indemnify MJ Gabel, its affiliates and related entities, its officers, its directors, its employees and agents, and hold the same harmless from and against, any and all claims, demands, actions, liabilities, costs, losses and/or damages (including, without limitation, indirect, incidental, consequential, economic, compensatory, and/or business losses), and expenses (including, without limitation, reasonable attorneys’ fees of counsel selected by the indemnified person, who may be in-house counsel, and any expert or accounting fees) in anyway arising out of or resulting from your use of any tools, software, digital platforms, websites, bidding platforms, or materials provided by MJ Gabel or any third party in connection to MJ Gabel, including but not limited to print catalogs, bidder registration forms (both print and digital), website content and functionality, any digital platform or service thereon, your placement or transmission of any messages, information, content, or other materials through email or any digital platform, or your deceptive omissions or fraudulent acts, or your breech of these Terms and Conditions, or your violation of any laws or regulations or any right of any third party (including infringement of any intellectual property rights of any entity). Furthermore, we reserve the right to assume exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MJ Gabel in defense of any such claim. MJ Gabel shall provide prompt notice to you of any such claim or lawsuit, provided that we are made aware of such legal action, and, if it is one asserted by a third party, we shall provide reasonable assistance to you, at your expense, in your defense against any such claim or lawsuit.
6.2 Limitation of Liability for Representation or Warranties
Except as expressly provided herein, all property is sold “as is.” MJ Gabel makes no explicit or implicit warranties or representations, as to the value, condition, accuracy of the description, attribution, authenticity, age, period attribution, or provenance of the property. The buyer agrees that MJ Gabel shall not be held liable for any damages or losses from errors or omissions in such thing. MJ Gabel makes no guarantees or warranties with regards to the transfer of ownership or granted licenses or any intellectual property under any circumstances. Furthermore, if any act of God, terrorism, natural disaster or other similarly-unpredictable, unanticipated, and uncontrollable event prevents MJ Gabel from fulfilling its obligations or causes damages, losses, or harm to any buyer in any way, the buyer agrees that MJ Gabel will not be held liable beyond any existing balance due at the time of the subject event and limited to the funds recoverable from insurance policies, provided that, at the time of the event, MJ Gabel retained such insurance.
6.3 Limitation of Digital Warranties and Liabilities
All online and digital platforms that MJ Gabel uses or offers, both in-house and third-party, including but not limited to, all functions, materials, content, experiences, and services, is provided "as is," "as available," and without warranty of any kind. MJ Gabel is not liable for any aspect of online and digital platform service, including but not limited to data processing, uptime, uninterrupted access, accuracy, or data. MJ Gabel makes no warranty or guarantee that any online and digital platform meets user expectations or requirements. MJ Gabel assumes no liability for any potential risk that may relate to online and digital platforms, including but not limited to viruses, lost data, stolen data, damaged data, or any other personal property that may affected through the use of online and digital platforms. MJ Gabel also assumes no responsibility for any error or issue that relates to our auctions on any online or digital platform, including but not limited to bidding errors, downtime during an auction, loss in winning any lot offered in sale, or confusion or misunderstanding of platform operations or content. If you are dissatisfied with any such digital platforms, you shall cease use of the platform and notify the platform owner.
6.4 If any part of these Terms and Conditions is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.