Sterling, Stones, Southwest, & More

Terms & Conditions
TERMS AND CONDITIONS OF SALE

Effective date: August 1, 2026

These Terms and Conditions of Sale (?Terms??) apply to the auction conducted by Destara, Inc. doing business as Blue Moon Estate Sales of South Orange County (?Auction House,?? ?we,?? ?us,?? or ?our??), through LiveAuctioneers and any other announced bidding method.

By registering, placing a bid, or purchasing a lot, each bidder agrees to these Terms and to the applicable terms and policies of LiveAuctioneers. If these Terms conflict with LiveAuctioneers? terms concerning use of its platform or payment services, LiveAuctioneers? terms control with respect to those services.

1. Eligibility and registration

Bidders must be at least 18 years old, legally capable of entering a binding contract, and registered and approved to bid. Registration does not guarantee approval.

We may require identification, proof of address, credit references, a payment-card authorization, or a refundable deposit. We may approve, refuse, suspend, or revoke bidding privileges when reasonably necessary to prevent fraud, comply with law, manage credit risk, or protect the integrity of the auction.

A bidder acting for another person or entity must disclose that fact before bidding and provide authorization acceptable to us. Unless we agree otherwise in writing, the registered bidder remains jointly and severally responsible for the purchase.

2. Agreement to purchase

Each bid is an irrevocable offer to purchase the lot at the amount bid, plus the buyer?s premium, taxes, shipping, handling, storage, and any other disclosed charges.

The highest bidder acknowledged by the auctioneer is the buyer. A binding sale is formed when the auctioneer accepts the final bid, normally upon the fall of the hammer or the online equivalent. The auctioneer?s determination concerning the successful bidder, bid amount, bidding sequence, or any bidding dispute is final to the fullest extent permitted by law.

Bids may not be retracted unless we give written approval or applicable law requires otherwise.

3. Buyer?s premium and purchase price

A buyer?s premium of 20% of the hammer price will be added to each successful bid made through LiveAuctioneers.

The total purchase price consists of:

The hammer price;

The buyer?s premium;

Applicable sales, use, excise, or other taxes;

Shipping, packing, handling, insurance, storage, and related charges; and

Any other fee disclosed in the catalog, lot listing, or invoice.

Any different premium or fee stated in a particular auction or lot listing controls for that auction or lot.

4. Reserves, withdrawals, and auctioneer discretion

Lots may be offered subject to a confidential reserve unless expressly identified as being offered without reserve. A reserve will not exceed the amount permitted by applicable law.

To the extent permitted by law, the auctioneer may place bids on behalf of a seller up to, but not at or above, the reserve. The auctioneer may also reject any bid, regulate bidding increments, determine the order of sale, combine or divide lots, withdraw a lot, reopen bidding to resolve a dispute, or cancel a sale affected by an error, technical problem, fraud, or other material irregularity.

If LiveAuctioneers becomes unavailable or experiences a technical failure, we may continue, postpone, suspend, or cancel the auction. Neither the Auction House nor the consignor is responsible for a bidder?s inability to place or transmit a bid, except to the extent liability cannot legally be excluded.

5. Lot descriptions and inspection

All property is sold ?AS IS, WHERE IS,?? with all faults and imperfections, except for any express written warranty stated in the individual lot listing or any warranty that cannot legally be excluded.

Catalog descriptions, photographs, measurements, dates, attributions, authorship, origin, provenance, condition statements, estimates, and other information are expressions of opinion and are provided for identification and guidance. They are not guarantees or warranties. Photographs may not accurately reproduce color, scale, condition, or surface appearance.

Condition reports are provided as a courtesy, may not identify every defect, repair, alteration, replacement, or area of wear, and are not a substitute for a bidder?s own inspection or professional advice. The absence of a condition statement does not mean that a lot is free from defects.

Prospective bidders should inspect lots personally or through a qualified representative and request additional information before bidding. By bidding, the bidder acknowledges having had a reasonable opportunity to inspect the lot and accepts its condition.

Any specific statement in a lot listing expressly identified as a ?guarantee?? or ?warranty?? controls over inconsistent general language in these Terms.

6. Estimates

Pre-sale estimates are opinions only and are not guarantees of value, condition, authenticity, or the price a lot will achieve. Estimates do not include the buyer?s premium, taxes, shipping, or other charges.

7. Payment

Payment in full is due within 3 calendar days (72 hours) after the invoice is issued.

All payments must be made through LiveAuctioneers using Live.Payments. The Auction House does not accept payment directly by cash, check, wire transfer, PayPal, credit card, or any other payment method outside the LiveAuctioneers platform.

The buyer may pay through LiveAuctioneers upon receipt of the invoice. If an invoice remains unpaid 72 hours after it is issued, LiveAuctioneers? Standard Autopay service will automatically charge the buyer?s payment method on file for the full amount shown on the invoice.

By registering to bid, the buyer authorizes LiveAuctioneers and its payment providers to process all amounts due in accordance with the payment terms accepted through the platform. The buyer is responsible for maintaining a valid payment method and accurate billing information in the buyer?s LiveAuctioneers account.

A declined, reversed, or otherwise unsuccessful payment does not cancel the sale or relieve the buyer of the obligation to pay. Property will not be released until all amounts due have been received as cleared funds. The buyer is responsible for any bank fees, currency-conversion costs, returned-payment fees, or other charges caused by the buyer?s payment method.

8. Taxes

The buyer is responsible for all applicable taxes. LiveAuctioneers or the Auction House may collect and remit tax when legally required.

A buyer claiming an exemption must provide complete and valid exemption documentation before the invoice is paid. We are not required to refund tax after payment when the tax has already been remitted or when the buyer did not timely establish an exemption.

9. Shipping, collection, and risk of loss

Shipping is handled by independent third-party shippers. Local pick up may be available for certain items, as stated in lot listing.

Shipping, packing, handling, insurance, customs duties, brokerage charges, and related costs are the buyer?s responsibility unless the lot listing expressly states otherwise.

Shipping quotes are estimates and may change after the item is packed or inspected. Oversized, fragile, hazardous, regulated, or high-value property may require a specialist carrier. We may decline to ship any lot that cannot reasonably or legally be shipped.

The buyer is responsible for confirming the delivery address before shipment. We will ship only to an address approved under our payment and fraud-prevention procedures. P.O. boxes may not be accepted, and an adult signature may be required.

Title passes to the buyer upon full payment. Risk of loss passes to the buyer upon the earliest of:

The buyer or buyer?s agent taking possession;

Delivery of the lot to a carrier or third-party shipper selected or approved by the buyer; or

3 calendar days after we notify the buyer that the lot is available for collection,

except where applicable law requires a different result.

The buyer must inspect the shipment promptly. Visible loss or shipping damage must be reported to us and the carrier in writing within 48 hours after delivery, with photographs of the item, packaging, and shipping label. The buyer must retain all packaging while a claim is pending. Carrier and insurer deadlines also apply.

10. Collection and storage

Purchased property must be collected or shipping arrangements completed within 7 calendar days after the invoice date.

Beginning on day 10, storage may be charged at $25 per lot per day. Property not collected within 14 days may, after any notice required by law, be moved to third-party storage at the buyer?s risk and expense.

If property remains uncollected for 30 days, we may exercise the remedies stated below, subject to applicable law. Storage or transfer of a lot does not relieve the buyer of the obligation to pay the purchase price and related charges.

11. International purchases and regulated property

The buyer is responsible for determining whether a lot may lawfully be purchased, possessed, transported, imported, or exported. The buyer must obtain all necessary licenses, permits, declarations, and approvals.

Lots containing ivory, tortoiseshell, coral, feathers, certain woods, cultural property, firearms, alcohol, or other regulated materials may be subject to restrictions. The inability to obtain a license or complete shipment does not cancel the sale or excuse payment unless applicable law provides otherwise.

We do not guarantee that any export, import, wildlife, cultural-property, or other permit will be granted.

12. All sales final; limited claims procedure

All sales are final. No returns, refunds, exchanges, credits, or cancellations will be accepted for reasons including buyer?s remorse, condition issues visible in the photographs or available inspection, variations in color or scale, or inability to arrange shipment.

Nothing in these Terms excludes a right or remedy that cannot legally be waived.

A buyer asserting that a lot was materially misdescribed must notify us in writing at knagle@bluemoonestatesales.com within 7 calendar days after delivery and no later than 14 days after the auction. The notice must identify the lot, explain the claimed error, and include supporting photographs and documentation.

The buyer must preserve the lot in the same condition in which it was received and may not alter, repair, clean, transfer, or resell it while the claim is being reviewed. We may require inspection by a mutually acceptable independent expert. No return may be made without our prior written authorization.

If we determine that a timely claim is valid, our obligation will be limited to rescission of the sale and refund of the hammer price and buyer?s premium after the lot is returned in the same condition. Shipping, appraisal, travel, financing, lost-profit, and other incidental expenses will not be reimbursed except where required by law.

Claims based on attribution, authorship, origin, date, or authenticity must be supported by written opinions from two independent, recognized experts acceptable to us. A claim is unavailable when scholarly opinion is genuinely divided, the catalog reflected the generally accepted view at the auction date, or the issue can be established only through a test that was unavailable, commercially unreasonable, or likely to damage the lot at that time.

13. Nonpayment and other buyer defaults

A buyer is in default if the buyer fails to pay when due, refuses to complete the purchase, provides false information, initiates an improper payment reversal, or otherwise breaches these Terms.

Subject to applicable law, we may take one or more of the following actions:

Cancel the sale and retain any deposit to the extent permitted by law;

Request or permit LiveAuctioneers to charge the payment method authorized through the platform;

Withhold or offset other property or funds belonging to the buyer in our possession;

Resell the lot publicly or privately;

Hold the buyer responsible for any deficiency between the original purchase price and the resale proceeds, together with reasonable resale, storage, collection, and legal costs;

Charge interest on unpaid amounts at the lesser of 5% per annum or the maximum rate permitted by law;

Refer the account for collection;

Report the default to LiveAuctioneers and request suspension of bidding privileges; and

Exercise any other remedy available by law.

If resale produces a surplus, the defaulting buyer has no claim to that surplus unless applicable law requires otherwise.

14. Limitation of liability

To the fullest extent permitted by law, the Auction House, its consignors, and their respective owners, officers, employees, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits or lost opportunities.

To the fullest extent permitted by law, the Auction House?s total liability arising from a lot or transaction will not exceed the hammer price and buyer?s premium actually paid for that lot.

These limitations do not apply to fraud, willful misconduct, personal injury caused by negligence, or any liability that cannot legally be limited.

15. Third-party services

LiveAuctioneers, payment processors, carriers, packers, storage facilities, and other service providers are independent parties governed by their own terms. The Auction House is not responsible for the acts or omissions of an independent provider selected directly by the buyer, except to the extent required by law.

16. Governing law and disputes

These Terms and every auction transaction will be governed by the laws of the State of California , without regard to conflict-of-law principles.

Subject to any legally mandatory forum, the buyer and Auction House consent to exclusive jurisdiction and venue in the state and federal courts located in Orange County, CA.

Before filing a claim, a party must give the other written notice describing the dispute and allow at least 30 days for good-faith efforts to resolve it. This provision does not prevent either party from seeking urgent injunctive relief or pursuing a claim before a limitation period expires.

17. Privacy and communications

Bidder information may be received from and shared with LiveAuctioneers, payment processors, shippers, fraud-prevention providers, and professional advisers as reasonably necessary to administer the auction, complete purchases, comply with law, and protect legal rights.

By registering, the bidder consents to transactional communications concerning approval, bidding, invoices, payment, pickup, and shipping. Marketing communications will be sent only as permitted by applicable law.

18. General provisions

These Terms, the applicable lot listing, the auction announcement, the invoice, and applicable LiveAuctioneers terms constitute the agreement governing the transaction.

If a lot listing or an announcement made before bidding closes conflicts with these general Terms, the more specific lot listing or announcement controls.

If any provision is held unenforceable, it will be enforced to the greatest extent permitted, and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. Headings are for convenience only.

We may correct clerical, typographical, cataloging, or invoicing errors. A material correction made before the lot is sold may be announced through the platform or added to the listing.

19. Contact information

Auction House: Destara, Inc. Business address: 30251 Golden Lantern Ste 436, Laguna Niguel, CA 92677Telephone: 949-280-0221Email: knagle@bluemoonestatesales.comPickup location and hours: