a) You acknowledge that the Items’ final value will be determined by the public based on the respective online bids.
b) You acknowledge that some Items will be grouped and sold as lots to facilitate their sale and that some Items will not be listed with a determination to dispose of or donate the Items. Such Items will be destroyed and not returned to you in this circumstance.
c) You acknowledge that we have final, fully discretionary authority on description or cataloging of Items listed for sale.
d) You warrant that you are at least eighteen (18) years of age and have good and marketable title to each Item provided in connection with your participation in the Consignment Program and have the right to consign and sell the Items, none of which is subject to any liens or other encumbrances, and you further represent and warrant that the Items do not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation.
b) Payment Related Fees. This section outlines the fees associated with any re-issuance of the sale proceeds discussed above due to an expedited payment request, address correction, or updated mailing method. You acknowledge and agree that for all sales closed on EBTH’s platform, the following fee structure applies:
- Manual Check Re-Issuance & Expedited Options.
a) A thirty dollar ($30.00) fee shall apply when EBTH re-issues Seller a check via standard mailing.
b) No additional fee shall be charged when EBTH re-issues Seller a check because the check was lost in-transit without any fault by the Seller.
- Expedited Payment Requests. Expedited payments may be arranged for an additional fee per transaction pending payment eligibility and in EBTH’s sole discretion. Should you desire expedited payment, please contact your sales representative for current fee and timing information.
c) Dispute Resolution. In the event of a dispute regarding fees, commissions, or sales proceeds, you must notify
EBTH in writing at
[email protected] within thirty (30) days following the issuance of the payment or creation of a Seller invoice.
EBTH will investigate the dispute and resolve it in accordance with the policies outlined in the User Terms and this Agreement.
d) Adjustments and Refunds. Should any adjustments or refunds be necessary following the resolution of a dispute or due to an error on the part of EBTH, such adjustments will be made to your account or refunded to the designated payment method as appropriate.
6. LISTING AUTHORITY AND MARKETING.
a) Marketing and Promotion. EBTH reserves the right to use its discretion in the marketing and promotion of Items, including but not limited to online advertisements, social media, email marketing, and other digital or print media channels. You acknowledge that EBTH’s marketing strategies are proprietary and agree not to interfere with or dictate the marketing process.
b) Changes to Listings. EBTH may, in its sole discretion, modify Item listings, including but not limited to descriptions and images to enhance sale prospects, correct errors, or reflect updated information.
7. RETURN AND STORAGE OF UNSOLD ITEMS.
a) Failed Goods. Any Items not paid for in accordance with this Agreement and the User Terms within seven (7) business days of the sale closing will be forfeited by the buyer. EBTH will attempt to charge any payment option on file for the respective buyer and/or report the buyer’s account to collections for the combined total of the original invoice amount and any moving or disposal charges and buyer will be responsible for any charges included by EBTH in collecting its payment. In the event (a) EBTH is not able to collect payment from the buyer for an Item due to a valid return request pursuant to the User Terms or inability of EBTH to retrieve payment from the buyer, (b) an Item does not sell during the Consignment Period and is not moved to auction, © EBTH deems any of the Items as Rejected Goods, (d) the Item has been withdrawn by you prior to sale, or (e) EBTH has not received any payment from a buyer for an Item for any other reason (collectively “Failed Goods”), you shall have the right to retrieve the Failed Goods from the Facility in a time and manner reasonably acceptable to EBTH, but in any event no more than fourteen (14) days after EBTH provides notice to your email listed above or otherwise through the EBTH Seller Dashboard of the event that results in such consigned Items being deemed a Failed Good (such period being the “Retrieval Period”).
b) Retrieval and Storage Fees for Failed Goods. You shall retrieve or cause the retrieval (at your sole cost and expense) of all Failed Goods within the Retrieval Period. Upon the expiration of the Retrieval Period, you agree to (a) reimburse EBTH for any and all costs and expenses incurred by EBTH related to the storage of the Failed Goods, including without limitation any associated taxes, shipping costs, insurance costs, storage and handling fees, moving or disposal charges, and collections and legal fees, and (b) in addition to the foregoing reimbursement, pay EBTH a weekly storage fee as outlined in the User Terms of Service until such time as the Failed Goods are picked up by you (or your designated third party carrier) or otherwise subject to Abandonment (defined below). The return of Items to you is at your expense. You must provide your own return shipping label or otherwise make arrangements for pickup of the Item. In no event shall EBTH be responsible for the costs associated with shipping, handling or insurance of returned Items.
c) Forced Sale of Failed Goods. In the event you fail to retrieve or cause the retrieval (at your sole cost and expense) of any Failed Goods within the Retrieval Period or otherwise fail to pay any amounts owing to EBTH with respect to such Failed Goods, EBTH may, in its sole discretion and upon notice sent to you at the email address listed above or otherwise to your email address on file with EBTH, cause you to be deemed to have abandoned and forfeited the Failed Goods (an “Abandonment”). In the event of an Abandonment, you agree that EBTH shall add a handling fee of $25 per applicable Item. Further, you agree that EBTH shall move said Items to auction at a commission rate as outlined within the contract to which said Items are subject and deduct any and all due fees from sales proceeds. Any amount above and beyond the fees and commissions due to EBTH will be remitted to you per our standard payment terms outlined in this agreement. Should a balance remain due after the auction concludes, you agree to allow EBTH to charge your payment method on file in the amount of any remaining balance. Should any Item fail to sell as part of this auction, you agree that title and risk of loss to such Failed Goods will automatically transfer to EBTH without any further action by you or EBTH. You hereby appoint EBTH as your attorney-in-fact to execute any documents required to effect the transfer of title to EBTH in the event of an Abandonment. In the event of an Abandonment, EBTH may, in its sole and absolute discretion, resell or dispose of the Items as well as donate the Items to a charity of EBTH’s choosing without any accounting or payment to you. Abandonment does not relieve you of your reimbursement and storage fee obligations described in this Agreement, including reimbursement of any associated taxes, shipping costs, insurance costs, storage and handling fees, moving or disposal charges, and collections and legal fees incurred as a result of such Abandonment.
8. REPRESENTATIONS AND WARRANTIES.
You represent and warrant to EBTH that the following statements are true and correct:
a) No Conflicts. This Agreement constitutes a legal, valid, and binding obligation enforceable against you in accordance with the terms herein. Your execution, delivery, and performance of this Agreement and the consummation of the transactions contemplated herein do not and will not: (i) violate or conflict with any provision of any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, other requirement, or rule of law of any governmental authority (collectively, “Law”) or any order, writ, judgment, injunction, decree, stipulation, determination, penalty, or award entered by or with any governmental authority (“Governmental Order”) applicable to you or the Items; (ii) require the consent, notice, declaration, or filing with or other action by any individual (including your spouse or other family member), corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity or require any permit, license, or Governmental Order; (iii) violate or conflict with, result in the acceleration of, or create in any party the right to accelerate, terminate, modify, or cancel any contract to which you are a party or by which you are bound or to which any of the consigned Items are subject; or (iv) result in the creation or imposition of any charge, claim, pledge, equitable interest, lien, security interest, restriction of any kind, or other encumbrance (“Encumbrance”) on the Items.
b) Unauthenticated, Counterfeit, or Stolen Items. You are responsible for ensuring the authenticity of all Items that you offer or provide for consignment. In the event we determine that we cannot confirm the authenticity of any Item of your Items offered or provided for consignment, we shall have the right in our sole discretion to refuse to accept the Item. In the event that we determine at any time that an Item is counterfeit, we shall notify you that we have made such determination. You acknowledge and agree that any Item we determine to be counterfeit will not be returned to you and will be destroyed or turned over to the proper authorities. You acknowledge and agree that we are subject to laws and regulations relating to claims that consigned Items have been stolen. We take reports of stolen goods seriously and will cooperate with law enforcement in all investigations.
c) Good Title. You have good and valid title to all of the Items, free and clear of Encumbrances and are in compliance with the Stolen Goods Policy available at www.ebth.com/sgpolicy and further detailed below. If the Items include a motor vehicle, you will provide EBTH with a legible copy of a “clean” certificate of title with respect to each such motor vehicle.
d) No Actions. There are no claims, actions, causes of action, demands, lawsuits, arbitrations, inquiries, audits, notices of violation, proceedings, litigation, citations, summons, subpoenas, or investigations of any nature, whether at law or in equity (collectively, “Actions”) pending or, to your knowledge, threatened against or by you: (i) relating to or affecting the Items; or (ii) that challenge or seek to prevent, enjoin, or otherwise delay the transactions contemplated by this Agreement. No event has occurred or circumstances exist that may give rise to, or serve as a basis for, any such Action.
e) Compliance with Laws. You are in compliance with and shall comply with all applicable Laws. The sale of Items pursuant to this Agreement does not violate any applicable Law, including, without limitation, any Laws relating to the sale of firearms, fireworks, explosives, alcohol, tobacco, controlled substances or banned materials, motor vehicles, art, animals, precious metals, hazardous substances, historical or cultural relics, or any accessories related to the foregoing.
f) Diamonds of Russian Origin. You hereby represent and warrant that any Items consigned to us that contain diamonds, including, but not limited to, bracelets, necklaces, rings, earrings, watches, or other pieces of jewelry comply with all applicable Federal, state, and international laws, regulations, and sanctions related to the importation, exportation, and sale of diamonds, including, but not limited to: (i) The Russian Harmful Foreign Activities Sanctions, issued by the Office of Foreign Assets Control of the United States Department of the Treasury, as may be amended, modified, or supplemented from time to time; and (ii) Any prohibitions or sanctions now or subsequently issued by the European Union, its member states, or other countries regarding the importation of Russian-origin diamonds or diamond jewelry. Before providing any Item to us for consignment, you agree to provide all necessary documentation that confirms the Item does not contain diamonds of Russian origin, whether mined, manufactured, processed in or in any other way sourced from the Russian Federation, including, but not limited to a signed attestation, invoice, Kimberley Process Certificate (if applicable), country-of-origin documentation, or customs declaration form. You acknowledge that we are not responsible for verifying the origin or compliance status of the Item beyond reasonable reliance on your representations and provided documentation. You further agree to complete and execute any additional certifications or documentation as may be reasonably requested by us to verify compliance with these requirements. If you cannot provide such certifications or documentation that demonstrates your compliance with this section, you shall be responsible for reimbursing EBTH for all expenses and costs associated with the sale of any Item that does not comply with this section.
g) Provision of Accurate Information. You acknowledge that EBTH relies on the information provided by you for listing and selling Items. You are responsible for providing true, complete and accurate information about each Item, including its history, condition, provenance, and any other information that may affect its value or integrity. You must disclose any known defects, restorations, or alterations to the Items. All information provided by you or your representatives with respect to the Items are true and accurate in all respects, including, without limitation the authenticity of the Items.
h) No Violation of Third Party Rights. The Items, including, without limitation, the sale of the Items at any future time, do not and will not infringe on the intellectual property rights of any third party.
i) Obligation to Provide Supporting Documentation. You agree to promptly provide all documentation, certifications, declarations, or other evidence or information (collectively, “Supporting Documentation”) reasonably requested by EBTH to verify any of the representations and warranties set forth in this Section 8, including, but not limited to, proof of ownership, authenticity, origin, condition, and legal compliance of the Items. Your failure to provide any Supporting Documentation shall constitute a material breach of these Seller Terms. In such event, you agree that, without limitation and in addition to any other rights and remedies available to EBTH under Section 11 of these Seller Terms, you will reimburse EBTH for all costs and expenses associated with your non-compliance with this Section 8, including attorneys’ fees.
9. STOLEN GOODS.
We are committed to keeping EBTH a safe place to shop and will assist in a criminal investigation and provide evidence to law enforcement as appropriate and in accordance with our privacy policies. You represent and warrant that none of the Items are stolen. Listing stolen merchandise is prohibited and violates Laws. If a buyer has reason to suspect that stolen merchandise is being sold on EBTH, they are instructed pursuant to our Stolen Goods Policy, available at www.ebth.com/sgpolicy, to contact their local law enforcement to report the suspected crime. Once a case has been filed, the officer may contact EBTH by emailing contactor/cbth.com. EBTH reserves the right to terminate the account or this Agreement if you are suspected of violating this policy. EBTH reserves the right to suspend a sale, de-list an Item, or take any other action available to it under Law in investigating or cooperating with law enforcement relating to an alleged stolen good. In the event an Item is reported to law enforcement as stolen and law enforcement contacts EBTH relating thereto, EBTH will cooperate with law enforcement to assist in the investigation. In the event that EBTH is (a) required to return the Item or reimburse the claimant for the price of the Item by law enforcement or court order, or (b) reasonably determines that the Item was likely to be stolen and agrees to return the Item or reimburse the claimant for the price of the Item, you shall reimburse EBTH for the purchase price of the Item or the amount reimbursed to the claimant (whichever is greater) and any costs and fees incurred relating thereto, including reasonable storage and attorney’s fees.
10. PRIVACY POLICY.
You agree that any data or information collected by EBTH relating to you, the transactions contemplated by this Agreement, or otherwise, may be used by EBTH as provided in EBTH’s Privacy Policy, which can be found at https://www.ebth.com/privacy, as may be amended or updated from time to time. You otherwise agree, to the extent applicable, to comply with the Privacy Policy.
11. INDEMNIFICATION.
You agree to indemnity, defend, and hold harmless EBTH and its affiliates and their respective employees, contractors, agents, officers, licensors, managers and directors (collectively, the “Indemnified Parties”), from and against any and all claims, damages, suits, proceedings, investigations, actions, demands, obligations, losses, damages, settlement amounts, fines, penalties, costs, expenses and any and all other liabilities (including but not limited to reasonable attorneys’ fees and court costs) arising from or related to: (i) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties set forth herein; (ii) your violation of any applicable Laws or Governmental Orders; (iii) your acts, omissions, negligence or willful misconduct; and (iv) the Items, including without limitation any product liability claims, warranty or quality disputes, claims for damage to person or property, including death, or otherwise arising out of or relating in any way to the Items purchased or sold by you through the Site and/or EBTH’s Services, including, but not limited to, the shipment from, and/or handling and/or moving of such Items on, the EBTH premises, except to the extent such losses are caused by the gross negligence or willful misconduct of EBTH. Without limiting the foregoing, you expressly agree to indemnify, defend, and hold us harmless from any claims arising from or relating to your obligations under Section 2 or Section 8(i) of this Agreement, including your (i) provision of an item designated as prohibited under this Agreement; (ii) non-compliance with applicable diamond trade laws, regulations, and sanctions (iii) misrepresentation or failure to provide accurate documentation regarding the origin or lawful status of consigned diamonds or diamond jewelry; or (iv) any enforcement action, delay, seizure, or refusal of entry imposed by U.S. or international customs authorities due to noncompliance with requirements for the importation and or exportation of diamonds and diamond jewelry.
12. DISCLAIMER OF WARRANTIES.
You assume certain risks in using a marketplace service such as EBTH. EBTH is not involved with, nor provides a warranty for, any transaction between you and buyer, nor has title to any Items, and is not the buyer or Seller in any transaction. You as a Seller assume, agree, and understand you bear all of the risks involved in selling the Items. In addition to the other disclaimers of warranties contained herein, EBTH expressly disclaims all representations and warranties with respect to the Services (as defined in the User Terms), which is provided on an “AS IS” and “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EBTH MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY ITEMS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT RELATING THERETO.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL EBTH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EBTH’S LIABILITY FOR ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID TO EBTH UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION. To the maximum extent permitted by law, EBTH shall not be liable to you for any loss or damage to Items or any other Items tendered, stored or handled or for any other property of yours however caused, including losses due to EBTH’s negligence. If the foregoing limitations are not enforceable for any reason, you agree that EBTH’s maximum total aggregate liability for any damage to any Item shall be limited to the current market value of the Item, as determined by EBTH, net of EBTH’s commissions on the Item and any unpaid fees, charges, or expenses incurred on behalf of you that would have been paid in any sale of such Item on the EBTH platform. Upon receipt of such payment by you, you irrevocably release and discharge EBTH and our agents, affiliates and independent contractors, on your own behalf and on behalf of any insurer you may have, from any and all liability for loss or damage to such property resulting from any cause whatsoever, including without limitation any negligence on EBTH.
14. NO AGENCY.
This Agreement in no way constitutes or gives rise to an agency, partnership, joint venture, fiduciary or other relationship between the parties other than consignor and consignee. We and you will each operate under this Agreement as independent contractors and not as agents for the other.
15. NON-SOLICITATION.
In consideration for your ability to access and use the services, platform, benefits, customer access, and other privileges provided by EBTH, you covenant and agree that during this Agreement and your use of EBTH’s services and for a period of two (2) years following the termination of this Agreement or your last use of EBTH’s services you will not, directly or indirectly (whether as an owner, shareholder, investor, partner, sole proprietor, director, manager, employee, advisor, consultant, independent contractor, or in any other capacity), do any of the following: (i) solicit, induce or attempt to influence any employee, contractor, vendor, or referral source of EBTH to terminate or modify his or her relationship with EBTH; (ii) solicit, induce, or attempt to influence any person or entity with a referral or other business relationship with EBTH to terminate or modify that relationship or to establish a similar relationship with you or any other person or entity; or, (iii) recruit or hire any person who was an employee of EBTH within one (1) year after such employee’s employment with EBTH ends for any reason.
16. AMENDMENTS AND TERMINATION.
a) Amendments. Any amendments made to this Agreement must be in writing and agreed upon by both EBTH and you. Verbal agreements or understandings shall not be considered valid amendments to this Agreement. Notwithstanding the foregoing, the Parties acknowledge and agree that this Agreement and the User Terms of Service incorporated herein may be amended at any time by EBTH pursuant to the terms of such User Terms of Service.
b) Termination by EBTH. EBTH reserves the right in its sole discretion, to cancel this Agreement or to not sell certain Items without penalty or obligation if: (a) you or any Items are in violation of this Agreement, (b) you are in breach of our User Terms of Service, © EBTH believes that your actions may cause financial loss or legal liability to us or any of our affiliates or customers, (d) EBTH has a good faith basis to believe that you have engaged in illegal or fraudulent activity in connection with the Items, or (e) for any other reason enumerated herein. The rights conveyed under this paragraph include, but are not limited to cases where you fail to comply with the terms of the Agreement, provide inaccurate or misleading information about the Items, or engage in conduct detrimental to EBTH’s operations or reputation.
c) Consequences of Termination. Upon termination of this Agreement, all outstanding Fees and charges shall become immediately due and payable by you, and EBTH will cease all sales efforts for the Items. You must arrange for the return or disposal of their Items in accordance with this Agreement.
17. EMBARGOED GOODS AND PROHIBITED COUNTRIES POLICY.
Various United States (“U.S.”) agencies have restrictions in place that regulate or ban all trade with certain countries and EBTH does not allow the sale of embargoed or restricted Items from these countries. Under U.S. law, buying or selling certain Items made in restricted countries may not be lawful, depending on the nature of the Item, when it was manufactured, and when it left that specific country.
Federal agencies also ban or regulate trade between people in the U.S. and certain organizations, businesses, and individuals. EBTH does not allow those organizations, businesses, or individuals to use our website. Under U.S. law, buying or selling certain Items made in restricted countries may not be lawful, depending on the nature of the Item, when it was manufactured, and when it left that specific country.
When submitting Items for sale on EBTH, you attest that the Items that you are submitting do not violate any U.S. laws, policies or restrictions on Items from countries that have restrictions and regulations in place with the U.S. government, or any restrictions set forth by the U.S. Treasury Department or the European Union on the importation and exportation of diamonds of Russian origin, as more fully explained in our Customer Agreement and General Consignment Terms and Conditions, available at https://www.ebth.com/consignment-terms. When purchasing Items on EBTH, you attest that you do not reside in any banned country and that you are not, and are not affiliated with, any such banned organizations, businesses, or individuals.
Make sure you follow these guidelines. If you do not, you may be subject to a range of actions, including limits on your buying and selling ability and suspension of your account.
Last Updated: September 21, 2025
