Terms of Use


Before proceeding to use our services, you should read the Terms of Use carefully. If you find yourself unable to agree to them, then you must not   use the Site. If, however, you agree to them unconditionally you will be given the opportunity to click the “I accept” checkbox during   the registration process, and you will then be able to use the Site to which this Terms of Use applies.

This Agreement may be amended by Opal Auctions at any time by posting the amended terms on this Site. The amended terms shall automatically be   effective 7 days after they are initially posted on the Site. As such, you should periodically check to see what amendments have been made to this   Agreement. Your continued use of the Site or the services provided on the Site following the posting of any amendments will mean that you accept   these amendments.


1.1 Definition of words and phrases.

In this Agreement, the following words and expressions shall have the following meanings:

Auction Only” means an Item offered for sale using an auction style selling format.

Auction with Buy it Now   Price” means an item offered for sale using an auction style selling format with an option to purchase immediately at a fixed price   set by the Seller.

Bidder” means a person who bids for the Item in an auction pursuant to this Agreement.

Buyer” means a Bidder who has made the highest bid in an auction or a person who otherwise places an order with a   Seller for an Item pursuant to this Agreement.

Buy It Now” means a listing feature that lets a buyer purchase an Item immediately for a fixed price set by the Seller.

Checkout” means a restricted area of the Site which provides a facility for a Buyer to inform a Seller of their   transaction details.

Item” means a good or service offered for sale at the Site pursuant to this Agreement.

Rating” means ratings and comments to be posted by a User in relation to a transaction, involving a Seller, that has   occurred using the Site.

Score” means a total of points a User has received due to other Users leaving them Ratings.

Seller” means a person offering an Item for sale at the Site pursuant to this Agreement.

Services” means the online shopping and auction platform and all other services offered by Opal Auctions at the Site.

User” means as a User of the Site, including but not limited to its members and Buyers and Sellers, and unless the   context requires otherwise included you.

2. Formation of Contract

2.1 In order that a legally binding contract can be formed between Opal Auctions and a member, the member is required to accept this Terms of Use   unconditionally by clicking the “I have read and accept Opal Auctions Terms of Use” checkbox during the registration process.

2.2 Opal Auctions in its absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice.

2.3 This Terms of Use shall override any contrary terms or conditions published by Opal Auctions or appearing on this Site pertaining to   members.

2.4 In consideration of Opal Auctions agreeing to your use of the Site, you agree to comply with this Terms of Use.

3. Services

3.1 Availability. Any person wishing to use the Services as a Seller, Bidder or Buyer must first register as a member. Registration is free.

3.2 Registration of Membership. You may become a member by supplying all the requisite information to Opal Auctions and you are required to   accept this Terms of Use unconditionally by clicking the “I have read and accept Opal Auctions ‘s Terms of Use” checkbox during the   registration process.

4. Eligibility for Membership

4.1 You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must   be older than or at 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Further, your   Opal Auctions account, User ID, Password, Scores and Ratings, may not be transferred or sold to another party.

4.2 When registering, ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and   not in breach of any of Opal Auctions policies or rules.

4.3 No email / URL in User ID You may not register a User ID that is or represents an email address or a web site address   (URL).

5. Fees, Payments & Refunds

5.1 Upon sale of an Item, the Seller will be charged a sale fee in accordance with Opal Auctions‘s fee schedule.

5.2 Opal Auctions reserves the right to change the fees charged for any of its services at any time. In the event that Opal Auctions introduces a   new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

5.3 All fees are exclusive of GST and in USA   dollars, unless otherwise stated in this Terms of Use.

5.4 Before listing an Item, you should review Opal Auctions fees to ensure you are aware of the fees you will incur.

5.5 Returned items must be 100% complete, contain ALL original boxes and packing materials, accessories and documentation provided by the manufacturer. The customer is responsible for shipping charges on returned items. We strongly recommend that you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.

All returns and exchanges must be shipped within 7 days once we have been notified of any problems. Items will only be exchanged if they are returned with all of the original packaging materials and documentation

Opal Auctions shall not be responsible for processing such requests.

6. Functions of Opal Auctions

6.1 Opal Auctions is a venue for members to offer, sell or buy Items. Opal Auctions is not an auctioneer.

6.2 No warranty for goods offered. You acknowledge that Opal Auctions does not see or examine Items that are listed for sale and has no control   whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. Opal Auctions will not accept or assume   any liability whatsoever in respect of the Item.

6.3 No warranty of completion of sale. You acknowledge that Opal Auctions makes no representation as to the ownership of title in Items or as   to the ability of either a Buyer or Seller to complete a transaction. Further, Opal Auctions does not warrant to any party that any Seller or   Buyer will complete the sale or purchase of any Item. All persons are urged to be aware of the risk of dealing with foreign nationals, underage   persons or people acting under false pretence or persons having no contracting capacities.

6.4 No warranty of identity of persons. You acknowledge that Opal Auctions s cannot and does not confirm the identity of each User. You are   therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or   competent authority or source for the purpose of evaluating the person with whom you are dealing. Opal Auctions takes no responsibility for any   action or omission of any User.

6.5 No warranty as to accuracy of information. You acknowledge that does not control the information provided by other Users which is made   available through this Site. Opal Auctions therefore makes no warranty as to the accuracy of any information provided by any person through the   use of the Services.

6.6 Opal Auctions does not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or   indirectly suffer in connection with you use of the Site, nor does it accept any responsibility for any such loss arising out of your use of or   reliance on information contained on or accessed through the Site.

6.7 Release of Opal Auctions In case of any dispute between Users or any dispute arising from the use of the Services, Opal Auctions shall be   released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and   unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.8 Costs of Opal Auctions. If Opal Auctions is required by you or by your order in any litigation in which you are involved whether under   subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving   evidence, you shall bear all costs incurred by Opal Auctions in connection with the provision of such service, including Opal Auctions ‘s costs   for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).

7. Provisions relating to Auction and Buy It Now

7.1 Your obligations as a Buyer. (a) If you, as a Bidder, have been notified that your bid has been successful at the end of the auction, or,   in respect of a Buy It Now sale you issue a purchase order with a fixed price, you must complete the transaction in the manner specified unless   you have a good reason to suspect that the Seller is not who they purport to be. By making a bid or other offer to purchase, you warrant and   represent to the Seller that you have the legal right to enter into and complete the transaction. (b) The Buyer shall contact the Seller at   the end of the auction or upon other sale with a view to making arrangements for the completion of the transaction. (c) You must pay to the   Seller the total due once the total due is confirmed by the Seller.

7.2 Your obligations as a Seller. If you are a Seller, you must ensure that the Item being offered for sale is accurately described and   available in sufficient quantity. By listing an Item, you are making an irrevocable offer to sell at or above your start price to the Buyer   unless: i. you have good reason to suspect that the Buyer is not who they purport to be; or ii. the Buyer fails to meet the terms of   payment as stipulated by you in your listing.

7.3 Bids are not retractable. Bids are not retractable by the Bidder except in the following exceptional circumstances: i. with the   seller’s agreement before the selling period ends; or ii. a significant drop in the ratings of the Seller occurs after a bid has been placed   as a result of adverse comments from other Bidders or Buyers conducted with the same Seller.

7.4 Forbidden biddings. 7.4.1 If you choose to bid on any Item which is offered to adults only, you are certifying that you have the legal   right to purchase the Item intended for adults only. 7.4.2 You shall not manipulate the price of the Item by using a secondary account, an   alias or third party to bid for the Item.

7.5 Method of delivery and payment. The method of delivery is based on the arrangements set by the Seller. The Item may not be collected by the Buyer or be delivered to the Buyer by Shipper , courier or other method specified by the Seller. Please refer to the Description and Shipping Instructions of the Item.

8. Provisions relating to Sellers

8.1 Forbidden Dealings. 8.1.1 In respect of an auction, you shall not: (a) email or contact by any other means the Bidder in an open   auction being run by a different Seller, offering similar or the same Items at any price level (bid siphoning); (b) manipulate the price of   the Item offered by you, either by using a secondary account, an alias or third party or by self-bidding, also referred to as shill-bidding.

Opal Auctions may suspend, temporarily or permanently, with or without any warning, any buying or selling account for no less than 30   days if it determines that any such buying or selling account is currently engaged or has been engaged in inappropriate buying and or   selling practices. Determination of inappropriate buying and or selling practices is at the full discretion of Opal Auctions   management. Any parameters, guidelines, methods, or otherwise used to determine inappropriate buying and or selling practices is fully   confidential and under no circumstance will this information be disclosed to any person, entity, or otherwise for any reason at any   time unless at the full discretion of Opal Auctions management. Be advised that Opal Auctions is highly motivated to protect its good   name and will take swift action to protect its good name if any inappropriate buying and or selling practices are determined to   exist.

8.1.2 You shall not offer for sale any Item: (a) which you are not legally able to sell, or which you cannot sell to the Buyer free from all   charges liens and encumbrances; (b) which is within Opal Auctions rules or which is in contravention of any law or regulations governing the   sale of the same; (c) the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary   rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise; (d) which   contains defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words,   drawings, photographs, 3-dimensional representations or otherwise; (e) which is obscene or contains child pornography.

8.1.3 By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to Opal Auctions and all Buyers that: (a) you   do not and will not engage in the forbidden dealings set out in Clause 8.1 above; (b) the information supplied by you is correct and accurate   in all material respects and shall not (1) contain defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements; (2)   contain obscene material or child pornography and, if it contains any Adults Only material or element or is otherwise harmful to minors, it shall   be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (3) contain any   viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere   with, surreptitiously intercept or expropriate any system, data or personal information; and (4) contain any hyperlinks unless permitted by   Opal Auctions; (c) the Items offered by you are not within the Prohibited Item List; (d) you will not list or offer or sell any Item   which, by paying to Opal Auctions any Fees, could cause Opal Auctions to violate any applicable law, statute, ordinance or regulation.

8.1.4 In using the Site, you must not create any link directly or indirectly to any website other than the Site: (a) that offers goods or   services that are prohibited under this Agreement; (b) where that other website lists the exact Item that you propose to sell; (c) where   that other website contains an offer to sell identical items to your Item that is listed for auction or Buy It Now on the Opal Auctions Site, but   are priced lower that your Item’s start price or Buy It Now price; (d) that you do not otherwise have a right to link to or include.

9. Ratings, Messages and Forum Boards

9.1 Ratings, Messages and Forum Boards. 9.1.1 Opal Auctions will provide a channel on this Site for the Users of this Site to leave a Rating   and comment on the trade conduct of any Seller, Bidder or Buyer with whom they have had dealings. 9.1.2 Opal Auctions also provides a   communication channel which enables Users to send messages to other Users through Opal Auctions. 9.1.3 Opal Auctions also provides a forum   which allows Users to discuss topics or chat with other Users.

9.2 Use of the Rating system, Message system and Forum Boards. (a) You shall use the Rating system for leaving genuine and bona fide ratings   and comments on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings. You shall not take any actions which may   undermine the integrity of the Rating system, such as: leaving a Rating for yourself using secondary User ID’s or third parties; leaving Ratings   for other Users using secondary accounts or third parties (Rating bombing); or leaving Ratings if a User fails to perform some action that is   outside the scope of the auction or purchase (Rating extortion). (b) When using the Rating system, message system or forum boards, you are   prohibited from any posting, sending, transmitting, uploading or otherwise publishing through Opal Auctions, any materials that (i) interfere with   anyone else’s use of this Site; (ii) are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way; (iii) encourage anyone   to break the law; (iv) violate anyone’s copyright or other intellectual or other property right; (v) interfere with the privacy of any other use;   (vi) contain a virus or other harmful component; (vii) contain false or misleading statements of fact or descriptions of the origin of the   material or the communication; (viii) advertise a website; or (ix) breach any of Opal Auctions policies or rules.

9.3 Opal Auctions ‘s Disclaimer in respect of Ratings, Messages, Forum Content and other Users supplied materials. Opal Auctions does not and   is under no obligation to monitor or review Ratings, messages and forum boards, discussions, postings, transmissions and the messages posted or   sent through or on the Site and assumes no liability or responsibility arising from the contents of any such communications or for any defamation,   error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim   against Opal Auctions for defamation, libel or whatsoever arising out of any such communication. Opal Auctions may reject or remove your material   or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request you to make   suitable amendments in order to comply with the terms herein, and Opal Auctions reserves the right to claim damages and or apply for other legal   remedies in relation thereto.

10. Rights of Opal Auctions

10.1 Opal Auctions has the right to suspend or terminate your account without any compensation if you have: (a) breached the Terms of Use set   out in this agreement; or (b) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in   connection with this Site.

10.2 Rights as regards materials supplied by a User. Opal Auctions shall have the absolute and unfettered right to reject or remove any   information or materials supplied by you without notice or compensation. Without derogating from this right, Opal Auctions shall have the right to   reject or remove any information or materials supplied if Opal Auctions shall consider (without having to assign any reason therefore) that the   information or material, if published or continued to be published, would cause Opal Auctions to incur any liability to third parties or would   cause Opal Auctions to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.

10.3 Right to withdraw Item. Opal Auctions shall have the absolute and unfettered right to withdraw any Item without notice or compensation to   a Seller or prospective Buyer. Without limiting this right, Opal Auctions shall have the right to withdraw an Item if: (a) the Item is within   Opal Auctions ‘s Prohibited Items List,

(b) you are found to have breached the Terms of Use set out in this Agreement or your account is suspended by Opal Auctions pursuant to the terms   of this Agreement; (c) if Opal Auctions is unable for any reason whatsoever to verify or authenticate any information provided by you; or (d)   the Item is in breach of Opal Auctions s Listing Policy.

  Improper listings by Sellers have to be removed in 12 hours if requested by Opal Auctions or the Selleraccount can be suspended for 30 days.

10.4 Feedback, it is the buyers responsibility to leave feedback for every auction in under 60 days or an automatic positive feedback   will be posted.

11. Specific Warnings

11.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

11.2 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you risk of viruses or   other forms of interference which may damage your computer system.

11.3 Opal Auctions does not warrant to you that the Services will be available at all times or at any specific times.

11.4 Opal Auctions is not responsible in the event a transaction is not processed due to technical difficulties affecting the Opal Auctions   system.

11.5 Opal Auctions n does not undertake to retain listings or to retain records of specific transactions.

11.6 Opal Auctions is not responsible for ensuring that warranty obligations are honoured.

11.7 There is no contract of sale between Opal Auctions and you, whether you are the Buyer or Seller. In the event that a bid is accepted by a   Seller, a contract of sale will be formed directly between the Buyer and the Seller. Opal Auctions does not act as agent for either party.

11. Restricted Use

Unless Opal Auctions agree otherwise in writing, you are provided with access to the Site only for your personal use. Without limiting   the foregoing, you may not without Opal Auctions ‘s written permission on-sell or otherwise on-transmit information obtained from this   Site.

12. Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Opal Auctions does not warrant to you and   cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to   Opal Auctions is transmitted at your own risk. Nevertheless, once Opal Auctions receives your transmission, it will take reasonable   steps to preserve the security of such information.

13. No Warranties

11.1 This Site is provided by Opal Auctions on an “as-is” basis and the only obligations on Opal Auctions are set out in this Agreement.   You agree that Opal Auctions will be under no liability to you in respect of any loss of damage (including any indirect or special or   consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services   supplied pursuant to the Services offered over this Site or in respect of a failure or omission on the part of a Seller to complete a sale.   Opal Auctions gives no warranty or condition, express or implied other than those expressly set out herein. Opal Auctions does not warrant that   the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this   Site or its servers are free of viruses or other harmful components. Opal Auctions does not warrant or make any representations regarding the use   or the results of the use of this Site. Opal Auctions specifically disclaims any implied warranties of title, merchantability, fitness for a   particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.

11.2 The payment gateway and the ancillary payment processing facilities are provided to the you for convenience only and Opal Auctions gives no   warranty, expressed or implied, in connection with such facilities. Opal Auctions will in no event be liable for any loss, damages, costs or   expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your   credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or   corruption of data, or any other non-performance related to the payment gateway facilities.

14. Privacy

Opal Auctions has a Privacy Policy which applies to all members and is incorporated into this Terms of Use by reference.

No information is shared with third parties.

15. Copyright

Copyright in this Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by   Opal Auctions. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C’th) and except as   expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute,   print, display, perform, publish, or create derivative works from, any content of the Site; or commercialise any information, products   or services obtained from any part of this Site without Opal Auctions ‘s prior written permission.

16. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and   employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every   kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your   breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third   party.

17. Miscellaneous

17.1 System Integrity. You must not:   (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any auction being conducted   on this Site;   (b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site;   (c) disclose or share your password to any third parties or use his/her password for any unauthorized purpose.

17.2 General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the   Services and any bidding on, listing, purchase and sale of the Item herein.

17.3 No Agency. Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer   or franchiser/franchisee between Opal Auctions and any Seller, Bidder or Buyer or other Users of this Site or the Services.

17.4 Notices. Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be   deemed given if sent to the email address provided by the User to Opal Auctions during registration process or such other address as the User   shall specify, or by posting such notices on this Site. Alternatively, Opal Auctions may give notice to the User by pre-paid ordinary post to the   address provided to Opal Auctions n during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

17.5 Severability. Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any   court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is   possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived,   they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and   enforceable in accordance with its terms.

17.6 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms of Use and the   remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope   or extent of such section. Opal Auctions ‘s failure to act with respect to a breach by you or others does not waive our right to act with respect   to subsequent or similar breaches.

17.7 Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under   this Agreement or that you may act similarly. Opal Auctions does not approve or validate transactions, advice or communications, and you accept   sole responsibility for the legality of your actions under laws applying to you.

17.8 Opal Auctions does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on   Opal Auctions. Please do not assume that such items offered will be harmless to people or property.

18. Governing Law and Jurisdiction

18.1 This Agreement is subject to International law.

18.2 Termination/Survival: This Agreement and/or your access to this site may be terminated by us at any time without notice. Where this   agreement is terminated, those clauses capable of surviving such termination shall do so.

19. Translation


19.2 The Opal Auctions website has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the Opal Auctions website, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

19.3 The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Was this article helpful?

6 people found this article helpful

Still have questions?

Hello! Opal Auctions is an international marketplace offering Opal Stones, Rough & Jewelry from professional Opal cutters, dealers & miners. Register for $10 off your first purchase.