AUCTION TERMS AND CONDITIONS

Welcome to Opal Hub Australia’s auctions. These Auction Terms and Conditions (‘Terms’) apply to every auction conducted by Opal Hub Australia Pty Ltd (ABN 32 689 000 959), trading as Opal Hub Australia (‘Opal Hub Australia’, ‘we’, ‘us’ and ‘our’). By registering for or bidding in an auction, you agree to these Terms, together with our Website Terms and Conditions, Shipping Policy, Returns Policy and Privacy Policy.

In these Terms:

‘ACL’ means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

‘Auction’ means a Live Auction or a Timed Auction conducted by us.

‘Live Auction’ means an auction presented live by us, whether through the Website and our live selling platform or through another platform on which we run a live event, and which may be broadcast on more than one platform at the same time.

‘Live Shopping’ means the offer of items at stated buy-now prices during a live session, including within the live shopping frame on the Website. Live Shopping purchases are website sales governed by our Website Terms and Conditions.

‘Official Auction Chat’ means the live chat that we designate for a Live Auction on the platform through which that Live Auction is conducted.

‘Parcel Hold’ means the optional service described in clause 8.

‘Timed Auction’ means an auction conducted on the Website in which bids may be placed until a published closing time.

‘Website’ means opalhubau.com and its associated checkout.

‘Winning Bid’ means the highest valid bid accepted by us at the close of bidding on an item.

 1.              ABOUT OUR AUCTIONS

1.1              Live Auctions may be presented through the Website and our live selling platform, or through a live event we run on another platform, and may be broadcast on several platforms at the same time so that as many people as possible can watch. Bids are recognised in the Official Auction Chat for the event: this is the designated chat of the platform on which the Live Auction is conducted, and we will make clear at each event which chat is the Official Auction Chat. In the event of any discrepancy between platforms, our bidding display and auction record determine the outcome.

1.2              Timed Auctions run on the Website. Bids may be placed at any time before the published closing time. The highest valid bid received before close is the Winning Bid, and bids received after close cannot be accepted.

1.3              We present every stone as openly as we can. During a Live Auction you are welcome to ask questions and request additional viewing angles or a torch demonstration before bidding, and before any Auction you may contact us for further images, videos or information about an item. We also provide free education to help you buy well, including our Opal Intelligence blog, our YouTube series, our About Opal page and our free body tone and brightness chart, which you can download and print. We encourage you to use these resources: they exist so that you can bid within your experience, budget and comfort level, with confidence.

1.4              Items may also be offered through Live Shopping during a live session, at stated buy-now prices. A Live Shopping purchase is a website sale governed by our Website Terms and Conditions, and the total price displayed at checkout is the amount payable.

 2.              REGISTRATION AND ELIGIBILITY

2.1              Registration for a Live Auction is how we notify you: when you register, we will send you a go-live message for that event by text or email. Your customer profile is created once and remains in our system, and we encourage you to register in advance of an Auction you intend to buy in, as this makes checkout faster and lets you return promptly to the live event to follow other items of interest. Your information is handled in accordance with our Privacy Policy.

2.2              You may bid under an alias or display name: this is a privacy feature, so you can bid without publicly identifying yourself. Whatever name you bid under, the payment and delivery details behind your profile must be accurate and complete, as your items are invoiced and shipped based on the details you give us.

2.3              By bidding, you confirm that you are at least 18 years of age and legally able to enter into a binding contract of purchase.

2.4              To keep our Auctions fair and safe for every bidder, we may decline a registration, decline or remove a bid, or suspend or block participation where we reasonably consider it necessary, including where bids appear not to be genuine, where earlier purchases remain unpaid, or where conduct is unlawful or disruptive. Where it is reasonable to do so, we will explain our decision.

 3.              BIDDING

3.1              All bids are placed in Australian dollars (AUD). Each bid is a binding offer to purchase the item for the amount bid, together with the disclosed additions described in clause 5 and shipping as described in clause 7.

3.2              Unless otherwise stated, the minimum bid increment is A$5. We may vary bid increments for particular items or Auctions, and any variation will be stated or announced before or during bidding.

3.3              The auctioneer will acknowledge bids where possible. When the auctioneer announces ‘Sold’, bidding for that item has closed and later bids cannot be accepted. In the event of delayed comments, duplicated messages or any bidding discrepancy, our bidding display and auction record determine the outcome. If you believe an error has occurred, please raise it during the Auction where reasonably possible so it can be resolved on the spot.

3.4              Please bid only on items you intend to purchase, and complete checkout only for items you have won. If you check out an item won by another bidder, that purchase may be cancelled and the amount you paid returned to you, so the item can go to its winning bidder.

 4.              RESERVE PRICES

4.1              Our Auctions include both reserve and no-reserve items. A reserve is the minimum price at which an item will be sold, and where an item carries a reserve this will be indicated.

4.2              We do not bid on our own items, and no bids are placed on our behalf. The reserve is the only price protection we use.

 5.              PRICING, GST AND THE DISCLOSED ADDITION

5.1              The total you pay for an Auction item is the Winning Bid plus the addition disclosed under this clause 5 and shipping under clause 7. Nothing else is added after bidding closes.

5.2              A 10 per cent addition applies to every Winning Bid. For Australian buyers, the addition is GST, which forms part of the total price payable. For international buyers, the addition is a buyer’s premium covering processing, currency conversion and administration. This addition is stated in the auction guidelines pinned in the Official Auction Chat and announced at the commencement of each Live Auction, so that every bidder knows the total basis of their bid before bidding opens.

5.3              If you are an Australian buyer, please identify yourself following a successful bid if asked, so the correct Australian pricing, including GST, is applied to your checkout.

5.4              International buyers in supported regions may complete payment in their local currency. Where the price presented at our checkout for a supported region includes duties, taxes and tariffs, the amount presented at checkout is the amount payable, with no further charge from us and nothing further to pay on delivery.

5.5              Where duties, taxes or other government charges of a destination country are not collected at our checkout, they remain the responsibility of the buyer on import.

 6.              PAYMENT

6.1              Payment for a Winning Bid is due in real time at the close of bidding on the item. Where the platform provides integrated checkout, your won item is presented on screen for you to take to cart and complete payment immediately. Where a Live Auction is run on a platform without an integrated checkout, we process the sale directly after the event and provide a payment link, and payment is required within 24 hours.

6.2              We are glad to agree alternative payment arrangements with established customers. Any such arrangement must be agreed with us in writing before the relevant Auction.

6.3              If a Winning Bid is not paid when due, we may cancel the sale. Where a sale is cancelled for non-payment, we may offer the item to the next highest bidder in real time as a fresh offer at that bidder’s final bid, relist the item, or withdraw it. Repeated non-payment may result in exclusion from future Auctions.

6.4              Accepted payment methods are displayed at checkout.

 7.              SHIPPING AND COMBINED PURCHASES

7.1              Shipping, insurance and delivery are governed by our Shipping Policy, and the applicable shipping charge is displayed and applied at checkout for each purchase.

7.2              If you purchase multiple items in an Auction or across the Website before your order is packed, we will combine them into a single shipment wherever possible, so you only pay one shipping fee. To allow combining, all purchases must use exactly the same name and delivery address. Our checkout applies a shipping charge to each purchase, and any shipping charges beyond the first are refunded automatically, normally within a few minutes. If an automatic refund does not arrive, contact us and we will resolve it promptly.

7.3              Please make sure your delivery details are complete and correct at checkout, as items are shipped exactly as addressed. Our Shipping Policy explains what happens, and what we can and cannot do to assist, if incorrect details are provided.

 8.              PARCEL HOLD (‘BUILD A PARCEL’)

8.1              If you would like to keep buying over a period and receive your stones together, we offer a Parcel Hold service on request. A Parcel Hold applies only where you request it and we confirm it in writing.

8.2              Each Auction win added to a Parcel Hold is a completed sale, paid for in accordance with clause 6 at the time of the win. Every listed item is accompanied by photographs and videos on its listing, which form the record of your purchase, and we encourage you to screenshot or save the listing imagery of each stone you win as your own record.

8.3              Because each item in a Parcel Hold is purchased at the time of the win, the change of mind period under our Returns Policy for each item runs from the date of that item’s win, not from delivery of the combined parcel. In most cases it will have ended before your parcel ships, so please consider each purchase carefully at the time of bidding, using the viewing services and resources described in clause 1.3.

8.4              While your stones are held by us, they remain at our risk and are insured by us at no cost to you.

8.5              A Parcel Hold runs for up to 4 weeks from your first held item unless we agree otherwise in writing, after which your parcel is dispatched to the delivery address you have provided.

8.6              Nothing in this clause affects your rights under the ACL, including for any item that is faulty or not as described (clause 13).

 9.              PRODUCT INFORMATION, ROUGH OPAL, SPECIMENS AND CERTIFICATES

9.1              Opal is a natural gemstone, and its colour, pattern and character can appear different under different lighting, viewing angles and screen settings. We make every effort to represent each item accurately through photographs, videos and descriptions, and we encourage you to use the viewing services and resources in clause 1.3 before bidding.

9.2              In keeping with industry practice, rough opal and rubs are photographed and filmed wet unless stated otherwise, to show the potential of the stone, and you should assume wet presentation for all rough and rubbed opal. Unless we specifically state otherwise, no guarantee is given as to the outcome, yield, pattern, colour or value of rough or rubbed opal after cutting or further working. Outcomes depend on the individual stone and on the skill, equipment and choices of the cutter, and purchasing rough opal is inherently speculative. This is part of what makes rough opal exciting, and we want every buyer to understand it before bidding.

9.3              Where an item has a visible crack, inclusion or other notable characteristic, we state it and show it in the imagery or presentation, and our pricing generally reflects disclosed characteristics. Characteristics disclosed before sale form part of the item’s description.

9.4              Fossils and geological specimens are offered in their original form, and much of their value can lie in that form being maintained. Any modification of a fossil or specimen after purchase is undertaken at the owner’s risk, and we recommend seeking guidance from an appropriately experienced professional before any irreversible alteration.

9.5              Certificates of authenticity are provided as described in our Website Terms and Conditions. For Auction purchases, your Opal Hub Australia certificate is provided on request.

10.              FAIR CONDUCT AND TECHNICAL ISSUES

10.1              Our platform is designed to minimise delay and provide an accurate bidding experience. Even so, delays can occasionally occur due to internet connections, platform performance or individual devices, and broadcasts on other platforms can lag behind the Official Auction Chat.

10.2              Where a technical issue, listing error or other exceptional circumstance affects an Auction, we may reopen bidding, extend or cancel the Auction, withdraw an item or cancel a sale where necessary to achieve a fair outcome. If we cancel a sale after you have paid, you receive a full refund.

10.3              Bids or profiles that we reasonably consider to be fake or not genuine are not accepted, and we may block them from current and future Auctions to protect genuine bidders.

11.              BROADCASTS, RECORDINGS AND COPYRIGHT

11.1              Our live streams and broadcasts, their recordings, and our photographs, videos and descriptions of individual stones are protected by copyright and owned by or licensed to Opal Hub Australia.

11.2              You are welcome to share short excerpts of our streams and imagery for personal, non-commercial purposes, crediting Opal Hub Australia. Recording, reproducing or using our streams, imagery or descriptions to offer any item for sale, or for any other commercial purpose, requires our prior written consent.

12.              VERIFICATION, ANTI-MONEY LAUNDERING AND RESTRICTED DESTINATIONS

12.1              Opal Hub Australia Pty Ltd is enrolled with AUSTRAC, and we comply with Australia’s anti-money laundering and counter-terrorism financing laws. For certain transactions, including transactions at or above thresholds set by law for payment in cash or digital assets, we may be required to verify your identity before completing the transaction, and to make reports required by law. We may delay or decline a transaction where verification cannot be completed.

12.2              We do not sell or ship where a sale or shipment would breach Australian sanctions laws. If a destination cannot lawfully be supplied, we may cancel the sale, and any amount you have paid will be refunded in full.

12.3              The export of fossils and certain specimens from Australia may require assessment or a permit under Australian cultural heritage law. International sales of these items are conditional on any required approval being obtained, and if an approval is not granted, the sale will be cancelled and refunded in full.

13.              YOUR CONSUMER RIGHTS AND RETURNS

13.1              Our Returns Policy applies to Auction purchases, including our 14-day change of mind policy for eligible items. The Returns Policy explains eligibility and the return process.

13.2              Every Winning Bid is a commitment to purchase, and at the same time nothing in these Terms excludes, restricts or modifies any right or guarantee you have under the ACL, including for items that are faulty or materially different from their description. Where any part of these Terms could be read as limiting such a right, it applies only to the maximum extent permitted by law.

14.              GENERAL

14.1              If you have any questions about these Terms or about any item, please contact us before bidding at info@opalhubau.com or +61 431 102 394. We are always glad to help.

14.2              We may update these Terms from time to time. The version published on the Website at the time an Auction commences applies to that Auction, and changes apply prospectively only.

These Terms are governed by the laws of New South Wales, Australia. If you are a consumer located outside Australia, this clause does not deprive you of any protection that applies mandatorily under the laws of