Ceylon Gem Auctions Terms & Conditions

Terms and Conditions.

 

Welcome to ceylongemauctions.com. 

This Agreement, including these Seller Terms & Conditions and those agreements and other documents referenced below set forth the terms and conditions applicable to your listing and sale of property and your marketing of services on ceylongemauctions.com' websites. By using the services on any ceylongemauctions.com' website (i.e., ceylongemauctions.com and any other related websites where this Agreement appears), you are agreeing to the following terms and conditions (including those available by hyperlink) with ceylongemauctions.com. 

Before you may become a participating seller or Buyer on any ceylongemauctions.com' website, you must read and accept all of the terms and conditions in, and referenced by these ceylongemauctions.com Seller Terms & Conditions, ceylongemauctions.com' Website Terms and Conditions of Use, ceylongemauctions.com' Privacy Policy, and the fee schedule for your chosen account level ("Fee Schedule") (whether such terms and conditions are contained in the primary document itself or are hyperlinked to related documents) (collectively, this "Agreement"). 

If you execute an Order Form with ceylongemauctions.com in respect of one or more auctions, each such Order Form shall be included within the definition of "Agreement" as used herein. 

We recommend that, as you read this Agreement, you also access and read all linked information, as well as the listing of Auction Terminology (which can be found here). 

Some ceylongemauctions.com or AuctionworkX PVT LTD branded websites, or sites that we operate, may also be governed by separate user agreements and privacy policies which will govern and apply to your use of such websites or sites, as applicable. You acknowledge and agree that we may change, amend, modify, or supplement this Agreement in our sole discretion at any time, and from time to time, by posting the amended terms on our website and revising the Effective Date as set forth above. Unless, and only to the extent, expressly stated to the contrary herein, all amended terms and conditions shall automatically be effective on a prospective basis once they are posted on our site. Your continued use of the ceylongemauctions.com Services and/or Site shall constitute your consent and agreement to, and acceptance of, any amendments, modifications, or changes to this Agreement and, accordingly, your use of ceylongemauctions.com' website and services shall be subject to the most current version of this Agreement in effect at that time, and you are encouraged to periodically review this Agreement for any recent changes and/or amendments.

 

Limitation of Liability.
Company acknowledges and agrees that ceylongemauctions.com, its agents, and suppliers act only as a passive conduit for the dissemination and publication of the Information and content and assume no liability for such Information and content. Additionally, you acknowledges and agrees that ceylongemauctions.com and its agents have no control over the identity, quality, or ability of bidders to buy items and ceylongemauctions.com and its agents assume no liability because of a successful bidder's rescission of a bid or purchase. It is expressly understood and agreed that ceylongemauctions.com and its agents do not promise or guarantee that a bidder will complete a transaction, and ceylongemauctions.com and its agents shall have no liability if a successful bidder fails to consummate a transaction for any reason. You acknowledges and agrees that it has sole and complete responsibility for reviewing and vetting the bidding and payment histories of all bidders, and for approving and declining bidders, and assumes all risks associated with auction bidders, including, without limitation, that a successful bidder may rescind a bid, fail to pay for an item, or otherwise fail to complete a transaction.

 

TCPA Consent & Privacy
You authorizes ceylongemauctions.com or its Parent company / companies, its agents, representatives, and/or affiliates to transmit information to Company via SMS message (including text message), email, and/or phone concerning training sessions, auction results, promotional offers, and other matters about your account, as well as products or services in which Company may be interested, at such telephone number or electronic address provided by you. ceylongemauctions.com may contact you in any manner, including SMS messages (including text messages), email, calls using pre-recorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or automatic texting system. You certifies, warrants and represents that the telephone number(s) and electronic address(es) provided to LiveAuctioneers is/are Your current telephone number(s) and electronic address(es) and that you is permitted to receive calls, texts, and emails via the same. You understands that additional carrier charges may apply for SMS/text messages, as determined by Company's cell phone plan. You agrees to promptly notify ceylongemauctions.com whenever it stops using a particular telephone number or electronic address. Company also acknowledges that ceylongemauctions.com may listen to and/or record phone calls between You and ceylongemauctions.com without notice to You, as, and when, permitted by applicable law. Notwithstanding anything to the contrary contained herein, You understands that it is not required to provide this authorization as a condition to utilizing the products and services offered by ceylongemauctions.com, and further, that it may revoke this authorization, at any time, in a writing properly delivered to ceylongemauctions.com. For additional information concerning the Telephone Consumer Protection Act (TCPA), please visit https://www.fcc.gov/general/telemarketing-and-robocalls.
 

No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
 

Arbitration
If a dispute, controversy, claim or cause of action (except for actions seeking injunctive or equitable relief) arises out of, or in connection with, this Agreement or any breach or alleged breach thereof (the "Dispute"), and if the Dispute cannot be settled through direct discussions, we mutually agree to endeavor first to settle the Dispute by mediation administered by the The Sri Lanka National Arbitration Centre under its Commercial Mediation Procedures then in effect (or under any other form of mediation mutually acceptable to the parties involved) before resorting to arbitration. Any unresolved controversy or claim relating to the Dispute shall be settled by arbitration administered by the The Sri Lanka National Arbitration Centre under its Commercial Arbitration Rules then in effect (or under any other form of arbitration mutually acceptable to the parties involved), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the Dispute agree, a mediator involved in the parties' mediation may be asked to serve as the arbitrator. 

The mediation and arbitration, if any, shall take place in the City of Colombo or New York United States America (unless another location is mutually agreed to by the parties involved). Any award rendered shall be final and conclusive upon the parties. The costs and expenses of the mediation and arbitration shall be borne equally by the parties, provided, however, that the arbitrator shall award to the prevailing party, if any, the reasonable costs and attorneys' fees incurred by the prevailing party in connection with the mediation and arbitration. If the arbitrator determines that a party was the prevailing party on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the reasonable costs and attorneys' fees incurred by the prevailing party in connection with the mediation and arbitration. In the event this mediation/arbitration provision is found to be unenforceable or inapplicable for any reason, then any dispute, controversy, claim or cause of action arising out of, or in connection with, this Agreement or any breach or alleged breach thereof, shall be brought in the courts in the of Colombo, and Company irrevocably consents and submits to the jurisdiction of such courts to litigate any such action and waives trial by jury. The prevailing party in such action shall be entitled to recover its reasonable costs and attorneys' fees incurred in connection therewith, and if it is determined that a party was the prevailing party on some but not all of the claims and counterclaims, such party may be awarded an appropriate percentage of the reasonable costs and attorneys' fees it incurred in connection therewith.
 

Amendments and Future Terms
ceylongemauctions.com may amend, modify, add, supplement, or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page.

IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. COMPANY'S CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

 

Additional Terms and Conditions for Sellers

1. Gemstone Verification & Certification
Each gemstone submitted for auction will be tested in two external laboratories and our own lab for verification. Any gemstone that does not match its certification will be returned to the seller.

2. International Auction Access
If you wish to conduct an auction outside Sri Lanka, contact our support team for assistance via [connect@auctionworkx.com](mailto\:connect@auctionworkx.com). International auctions cannot be accessed from Sri Lanka and require OTP verification sent to a valid phone number in the respective country.

3. Seller Profile & Documentation
Sellers must create a profile and complete identity verification before submitting gemstones for auction. An up-to-date NGJA Gem Trade License is mandatory for all sellers.

4. Auction Sales & Payment Process
All gemstones sold through the auction will be exported by us. Payments for sold gemstones will be deposited into your registered bank account within:

* 24 hours after receiving payment from the buyer for regular sales.
* 3 days for Padparadscha and Yellow Sapphire after receiving payment from the buyer.

5. Additional Lab Testing
For quality assurance, we may conduct a third-lab verification at random intervals.

6. Seller Responsibilities & Compliance
Submitted gemstones must be untreated, except for standard heat treatment, and unaltered in any way. Rough gemstones and Geuda stones cannot be exported. Sellers must be aware of export regulations, and non-compliance is not legally protected. Any attempt to commit fraud within the auction system will result in profile deactivation and further investigation.

7. Communication & Support
For inquiries, use the official contact number and email provided. For urgent assistance, contact WhatsApp: +94714192778.

8. Minimum Gemstone Requirements
Each gemstone submitted for auction must be:

* Above 1 carat in weight.
* Valued at LKR 100,000 or higher.

Additional Terms and Conditions for Buyers

1. Certification & Quality Assurance
Every gemstone purchased is tested in two external laboratories and our own lab before delivery. If required, we can provide certifications from internationally recognized labs such as GIA, GRS, SSEF, Gubelin, and AGL.

2. Delivery & Collection Options
Purchased gemstones can be delivered within Sri Lanka or internationally. Alternatively, gemstones can be collected via an online appointment at designated locations.

Thailand/India: First week of every month
Hong Kong: Second week of every month
Colombo: Every Wednesday
Ratnapura: Every Monday

3. Complimentary Certification for High-Value Purchases.

1. For purchases over LKR 10 million, AGL or GIA certification is provided free of charge.
2. For purchases over LKR 25 million (if the gemstones purchased as a lot contain fewer than 5 gemstones), two free certifications from GIA, SSEF, Gubelin, or AGL will be provided.

4. Special Certifications for Padparadscha Sapphires
Certifications for Padparadscha Sapphires are exclusively processed through SSEF, Gubelin, and AGL. Final classification depends on the independent evaluation of these labs.

5. Certification for Blue Sapphires
Buyers can choose certifications from GIA, SSEF, Gubelin, or AGL. Terms and conditions apply.
To request certification, submit a support ticket with the following details:

1. Auction Name
2. Item SKU
3. Gemstone Details
4. Payment Slip
5. Certification Needed (AGL, Gubelin, SSEF, or GIA)

6. Independent Lab Certification Disclaimer
All certifications from GIA, SSEF, Gubelin, and AGL are issued by independent laboratories. We do not guarantee their evaluation process.

7. Transparent Auction Process
We do not enter into exclusive agreements with any party in Sri Lanka. Buyers purchase gemstones from other auction participants, ensuring a transparent and fair buying process.

8. Payment
Buyers must make payments electronically within 24 hours of auction closing. Late payments exceeding 72 hours may incur additional fees.

9. Gemological Laboratory Certification
Adding a certification from AGL, Gubelin, SSEF, or GIA will extend delivery time by 4 to 6 weeks. Buyers acknowledge that gemstones will be sent to laboratories in Switzerland or the USA for evaluation. We assume no responsibility for laboratory assessments. Once certification is complete, final delivery will proceed with all relevant documentation.

10. Bidding
If an approved bid significantly exceeds usual bidding activity, we may require a 10% deposit of the reserve price for gemstones valued at or above LKR 10 million.

11. Payment Processing
Payments will be processed immediately upon auction lot closure. Buyers must deposit funds to the provided account and attach the payment slip to their order.

12. Shipping
Shipping is restricted to countries specified in each auction. We do not ship gemstones outside these designated countries. Buyers wishing to purchase from an auction outside their country of origin should open a support case.

13. International Payments
For international payments outside Sri Lanka, transactions must be in USD. Payments must be completed via wire transfer or credit/debit card. Once verified after a 120-hour hold, certification and shipping will commence.

Additional Terms and Conditions for Buyers and Sellers

1. Three Strike Policy

We take policy violations very seriously. Upon the third policy violation, your account will be permanently terminated, and any funds or gemstones submitted to us will be frozen. These assets will not be returned until a full investigation is completed.

 

2. Fraud Prevention

By committing any fraudulent activity, you forfeit your right to appeal or pursue any legal action against us. You acknowledge and agree that you will not be entitled to reclaim any submitted gemstones, funds, or materials indefinitely. Furthermore, you understand that these materials may be used as evidence in law enforcement proceedings or court hearings. You may be required to appear before a judge and could be found guilty based on the findings of our legal team and the judicial process.

 

3. Public Transparency

We reserve the right to publicly disclose and publish any fraudulent activities detected within our systems. This may include, but is not limited to, the individual's name, address, contact information, criminal history, background details, and other publicly available or discovered information. Such disclosures will be made in cases of criminal or fraudulent activities to ensure transparency, uphold the integrity of our platform, and cooperate with law enforcement authorities.