Welcome to Jewelry Television® and to jtvauctions.com. These terms and conditions as well as the terms referenced in Section 13 constitute the agreement (the “Agreement”) entered into by and between you and America’s Collectibles Network, Inc. d/b/a Jewelry Television® (“JTV” or “We” or “Us”). By accessing and/or using the jtvauctions.com website (the "Website") or by bidding on any products offered on the Website, you are agreeing to this Agreement. If you do not agree to be bound by the Agreement, then you cannot access or use the Website.
1. Use of the website.
Use of the Website is restricted to individuals who are at least 18 years of age. By using the Website, you represent to JTV that you meet this age requirement.
JTV reserves the right without prior notice to discontinue or change specifications on products or services offered on the Website without incurring any obligation to you. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by JTV.
2. Registration
If you would like to bid on any product, you may register on the Website by creating an account, or by using your existing jtv.com account credentials to log into the Website. In order to register for a new account, you must provide your e-mail address, a password, and an address. A valid credit card (Visa, American Express, Mastercard, Discover Card, or JTV Preferred Account) is required to bid on any product. See Section 3 for additional payment details.
It is your sole responsibility to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for any and all actions taken on your account on this Website and You agree to be financially responsible for your use of this Website.
You are responsible for providing JTV with updated contact information. JTV will rely on the most recent information provided by you in order to contact you.
3. Payment
All prices and bids shown on the Website are quoted in United States Dollars. JTV will add charges for shipping, handling and sales tax (where required by law) to all orders originating from the Website. For information concerning sales tax collection, please go to the Orders page on JTV.com and scroll down to the list of sales tax collection states. By placing any bid, you authorize JTV to automatically charge the purchase price plus any shipping, handling, and sales tax, to the credit card that you provided in your account, if JTV determines that you have the winning bid on any product.
As part of the bidding authorization process, a $1.15 authorization may be made on your credit card to validate it. You will not be charged this amount and it will be refunded to your credit card account upon completion of the authorization process. The length of time it takes to refund this authorization to your account depends upon your specific financial institution. JTV is not responsible for any overdraft fees incurred from holds placed on your credit card. To avoid overdraft charges from your financial institution, please be sure you have available funds in your account during the authorization process.
If the billing address you entered in your account does not match the billing address on file with your financial institution, the transaction on the Website may fail at the close of the auction and the order will go unpaid. This could result in the cancellation of your order. Your order will also be canceled if your payment method is otherwise declined.
Your JTV Preferred Account can be used to pay for products purchased on the Website. However, JTV gift cards, promotional gift cards, Brilliant Cash, Stretch Pay, PayPal, prepaid cards and credits from returned merchandise cannot be used on the Website to purchase products.
4. Bidding
All products listed on the Website will have a minimum amount that must be bid in that auction to qualify to participate (the “Minimum Price”). Each auction will also have a designated amount of money that must be bid each time in that auction (the “Bid Increment”). All bids must meet or exceed the Bid Increment.
For example, a product might have a Minimum Price of $5 and a Bid Increment of $5. This means that any bidder must make an initial bid of at least $5, and any bids placed after the initial bid must be a minimum of $5 or more. Using this example, if a bidder placed an initial bid of $5, the next bidder must bid at least $10 to outbid the original bidder. So, a bidder could place a bid of $27 in the same auction, because it is more than the $5 bid increment.
A maximum bid is the highest price that you are willing to pay for any product (a “Maximum Bid”). If you enter a Maximum Bid, you authorize the platform to automatically place bids on your behalf, according to the Bid Increment, at an amount above the current highest bid to ensure that you remain the highest bidder or to meet the Reserve Price (as defined in Section 5), up to your Maximum Bid.
The receipt by you of a bid confirmation or order confirmation does not constitute JTV's acceptance of that bid or order. Prior to JTV’s acceptance of a bid or order, verification of information may be required. JTV reserves the right at any time after receipt of your bid or order to accept or decline it or any portion thereof, for any reason, even after your receipt of a confirmation from JTV. JTV reserves the right to refuse service to any customer without prior notification. JTV’s determination of the winning bid will be final and in JTV’s sole discretion.
You are responsible for ensuring that your bid is accurate before placing it and for ensuring that you refresh your browser so that the most accurate information is displayed when you are viewing and placing bids.
You are responsible for monitoring any auction you participate in to determine if you are the winning bidder. To determine if you’re the winning bidder, you should log into your JTV Auctions account, monitor your emails and check the JTV Auctions website.
JTV shall have the right to refuse or cancel bids or orders placed for any product, regardless of whether the bid or order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase, and your purchase is canceled, JTV shall promptly issue a credit to your credit card account in the appropriate amount.
Confirmed bids may only be retracted by you under special circumstances and require that you submit a formal request to retract. Once you have submitted your confirmed bid, you may only contact JTV to cancel the bid if the following occurred:
1. You made a typographical error when placing a bid amount.
2. You submitted your valid bid retraction more than 24 hours before the auction closes.
3. New item information, added by JTV, changed your understanding of the item for which your bid was placed.
When placing a bid, you are required to confirm that you are 18 years of age or older. JTV Auctions will not honor bid retraction requests because a person under 18 years of age placed the bid in error. You will be held responsible for the transaction and payment.
To make a formal request to retract a confirmed bid, you must use the
Contact Us form or call 800-913-0753. Please include the item listing number and the reason for the retraction. No bid retraction requests received less than 24 hours before an auction closes will be processed regardless of the explanation. All bid retraction requests received without a valid explanation will be denied. Bidders who retract their bids may not place new bids on that item unless you made a typographical error when placing a Bid amount. All bid retraction requests will be accepted or rejected at the sole discretion of JTV.
5. Types of Auctions.
The Website currently conducts different types of auctions. Information applicable to these auctions is contained in the Help FAQs on the JTVAuctions.com website
An English Auction (aka Open Auction) has no Reserve Price (as defined below) and remains active until the auction ends (the “English Auction(s)”). At the end of an English Auction, JTV sells the product to the highest bidder.
Reserve auctions have a reserve price (the “Reserve Auction(s)”). The reserve price is the lowest possible selling price for that product (the “Reserve Price”). In Reserve Auctions, if you are the current high bidder and the Reserve Price has not been met, your maximum bid amount will be visible to other bidders as the current auction “highest bid.”
If the auction ends without any person placing a bid that meets the Reserve Price, JTV is not obligated to sell the item. JTV may, but is not obligated to, contact the highest bidder in the auction to ask if the bidder wants to meet the Reserve Price. In this situation, the bidder is under no obligation to increase their bid.
If a bid is placed during the last five minutes of an English Auction, or Reserve Auction, the auction will automatically be extended for an additional five minutes from the time of the latest bid. The auction will close once all bidding activity has stopped for a period of five minutes.
For any auction type, if there are identical bids placed for any product, the bid placed earlier in time takes priority over all other bids placed by others at the same price. JTV makes no representation or warranty that the bids will be timely or accurately submitted.
6. Buying in Our Auctions.
You acknowledge that you are legally obligated to complete any and all auction transactions on the Website initiated by You. Any failure to complete an auction transaction, including but not limited to, paying for an item you won, may result in denied use and access to the Website in addition to any other remedies available at law or equity. We reserve the right to cancel any auction at any time in our sole discretion.
7. Applicability of Special Offers for Auctions.
Unless otherwise specifically stated, coupons, discounts and other savings certificates are not applicable for auction purchases.
8. E-mail Communications.
By registering for an account on the Website or by logging in using your current jtv.com credentials, you authorize JTV to send you communications concerning your use of the Website and participation in auctions, as well as promotional e-mails, to the e-mail address you provided to register. JTV may, but is not obligated to, send you these e-mails when you place a bid, are outbid by another bidder, win an auction, or otherwise use the Website. If you do not consent to receive e-mail communications from JTV concerning your participation in auctions and/or use of the Website, do not use the Website.
9. Shipping.
You are responsible for the payment of all applicable shipping and handling charges on any product you bought or won on JTV Auctions. JTV cannot ship any product bought on the Website to any P.O. Box. Visit our JTV Shipping Policy for details.
Please note: the customer is responsible for payment of any customs charges, duties, or other fees associated with shipments to addresses outside the United States.
10. Returns.
Returns for products purchased from the Website are governed by the JTV Returns Policy.
11. User Submissions.
Any information or other communications you transmit to JTV, including any questions, comments, or suggestions will be treated as non-confidential and non-proprietary in nature, subject to the provisions of JTV’s applicable Privacy Policy and the Community Policy as well as applicable policies mentioned in Section 13.
12. Website Content.
The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the Website are herein collectively referred to as the "Content.” JTV reserves the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you. JTV will not be liable for any errors, inaccuracies, or omissions in the Content.
Unless otherwise agreed in writing, the Content is the exclusive property of JTV and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by JTV or by third parties that have licensed their use to JTV. Unless JTV agrees otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering on the Website and for no other purpose. Any use, by you or anyone else authorized by you, other than that specifically authorized in this Agreement or in writing by JTV is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Website without the written permission of JTV or any third party that may own the trademarks or service marks displayed on the Website. JTV will aggressively enforce its intellectual property rights to the fullest extent of the law.
13. Additional Terms.
The terms below are incorporated into this Agreement and will govern your use of the Website:
JTV General Terms and Conditions
In the event of any conflict between the JTV Auctions Terms and Conditions and the terms mentioned above, the JTV Auctions Terms and Conditions will control.14. Changes and Amendments.
JTV RESERVES THE RIGHT TO CHANGE AND AMEND THIS AGREEMENT WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE WEBSITE or JTV.COM. YOU ARE RESPONSIBLE FOR REVIEWING THE WEBSITE and JTV.COM PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.
15. Access and Interference.
You agree that you will not: take any action that imposes or may impose (in JTV’s sole discretion) an unreasonable or disproportionately large load on JTV’s infrastructure including the Website; use any robot, spider, scraper or other automated means to access the Website for any purpose without JTV’s express written permission; interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
16. Termination of Agreement.
JTV shall have the right to terminate this Agreement with you at any time and without notice to you. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the Website and that you will immediately cease your use of the Website. The restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in this Agreement, along with any other provision that by its nature should survive termination, shall survive termination.
JTV shall be under no obligation to continue operation of the Website. JTV may terminate operation of the Website or any portion thereof, or any products or services offered through the Website or terminate any individual's right to access or use the Website at any time without notice to you, in JTV’s sole discretion, without any liability to you whatsoever.
17. Indemnity
You agree to indemnify, defend, and hold harmless JTV, its affiliated companies, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demands, including reasonable attorneys’ fees, arising out of or relating to your breach of this Agreement and your access to and use of the Website, provided however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from JTV’s gross negligence or willful misconduct. The foregoing indemnification obligation shall survive termination of this Agreement and the Website and any product or service provided to you arising out of or relating to your use of the Website.
18. Breach of this Agreement.
In the event that you breach any part of this Agreement, JTV may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
19. Disclaimer and Limitation of Liability as to the Website and Content.
JTV MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF THE WEBSITE OR THE CONTENT, OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INCLUDING ANY BIDS PLACED ON THE WEBSITE. JTV ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL JTV, ITS AFFILIATES, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS ($10.00).
20. Disclaimer and Limitation of Liability as to Products and Services.
JTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITE MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS. ACCORDINGLY, EXCEPT AS SPECIFIED ABOVE, JTV MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE.
UNDER NO CIRCUMSTANCES SHALL JTV, ITS AFFILIATES, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
21. Entire Agreement.
Unless otherwise stated by JTV in writing, this Agreement constitutes the entire agreement between JTV and you with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
22. Applicable Law.
This Agreement shall be governed and construed according to the laws of the State of Tennessee, without regard to its conflicts or choice of law provisions.
23. General
No waiver by JTV of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability of other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
JTV shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
LAST REVISED: December 13, 2019
