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THE FOLLOWING SETS FORTH THE TERMS ON WHICH CARDBOARD
CLASSICS LLC., OFFERS ACCESS TO OUR
SERVICE. USE OF THIS SERVICE CONSTITUTES
USER'S AGREEMENT WITH THE TERMS AND
CONDITIONS AS DESCRIBED. WE RESERVE THE
RIGHT TO MODIFY OR CHANGE THESE
CONDITIONS AT ANY TIME.
AUCTION BIDDING PROCEDURES & RULES
1) REGISTRATION: All bidders, must register to receive a User
ID and Password in order to bid online.
You can register online by clicking on
the "Register" link found on various
pages throughout our web site. Once
registered, your User ID and Password
will be valid for all future Cardboard
Classics LLC. sales. Internet
registration is available 24 hours,
however, final credit approval may take
up to 72 hours to complete. Accordingly,
bidders need to register PRIOR to the
closing date. Bidder registration on the
auction closing date will be at the
discretion of Cardboard Classics LLC.
management and will be limited on a
case-by-case basis. Any restrictions on
the amounts new bidders may bid will be
made at the discretion of the auction
management. New bidders may be asked to
provide credit card information as
guarantee of payment.
2) BIDDING: Bidding begins immediately upon the launch of the
auction on our web site. Preliminary
bidding will end at 9:00 PM, EST on the
auction closing date. To bid on a lot
after 9:00 PM, EST you must have placed
a bid on that lot prior to 9:00 PM,
EST. Thus, if you are the only
bidder on a lot at 9:00 PM, EST
on the auction closing date, the auction
software will disallow additional
bidding for that lot and you will be
declared the winner. Bidding prior to
9:00 PM, EST as well as after
9:00 PM, EST (the latter regulated
by the 15-Minute Rule), may occur in any
of the following ways:
a) Online Bidding - Online bidding for registered users who
have obtained a User ID and Password is
available 24 hours. Beginning at 9:00
PM, EST on the auction closing date,
bidding will be extended in accordance
with the terms of the "15-Minute Rule"
(with all items ending at the same
time). After 9:00 PM, EST "Time
Left" in the user interface will count
down in real time the amount of time
remaining until such time as no lots
receive even a single bid for a period
of approximately 15 minutes at which
time the auction will officially close
and "Time Left" will read "Auction Has
Ended." b) The auction will close once
no bids are received online for a period
of approximately 15 minutes
3) For each item in the auction there is a "Minimum Bid," the
price below which the lot will not be
sold. For the majority of lots, reserves
have been set at a level within the
market value of those items.
4) Bidding increases will be accepted in increments of 10%
above the current high. There are no
exceptions to the bid raise amounts.
5) A 17.5% buyer’s premium will be added to all winning
bids. For example, the winner of a
lot selling for a high bid of $1000 will
be billed $1175 (plus shipping charges
and sales tax, if applicable).
6) By placing an "Auto Bid" you are authorizing the auction
database software to bid competitively
in your behalf, up to but not over your
specified limit. "Auto Bids" must be
calculated in 10% increments and do not
include the 17.5% buyer's premium. Your
confidential "Auto Bid" will be
implemented incrementally, only if
necessary, to the dollar amount
authorized and no further.
7) BID STATUS NOTIFICATION: When a bidder is outbid by an
Internet bid, an email will be sent
notifying that bidder that they have
been topped. Notification as such is
intended to provide bidders in the
timeliest manner possible with
information regarding their bids'
changed status.
8) Inquiries concerning condition are strongly advised.
Please see below about Third Party
Grading.
9) Costs for packaging, shipping and insurance will be added
to all invoices. Absolutely NO lots
will be shipped until full payment is
received and cleared. We ship
promptly as possible. Please allow up
to 2 weeks to receive your shipment.
All items must be fully paid for prior
to shipping. We do not ship
partial orders.
Shipping is a flat rate of $5 no
matter how many lots you win. The $5
shipping fee includes insurance.
We offer the low $5 shipping rate
because we do not believe bidders should
be subject to unpredictable and/or high
shipping costs.
10) Auction results can be obtained by using one of the
various "Search" or "View" features on
our auction web site. Winning bidders
and sellers will be notified of the
results of an auction via email
immediately after the auction closes.
Invoices and consignor statements are
usually mailed within 72 hours after the
close of an auction.
11) Invoices are payable upon receipt with payment due no
later than two weeks from date of
invoice. Payments may be made by cash,
check or money order. Unless known to
Cardboard Classics LLC, personal checks
will be held up to 10 days before
merchandise is approved for shipment.
NO CREDIT CARDS will be accepted for
this sale. If you have items that were
consigned to the auction, when settling
up your account, you agree that balances
due can be offset by items purchased in
the auction.
12) RETURN POLICY: There are no returns for graded cards.
13) THIRD PARTY GRADING: We only auction cards graded by PSA
and SGC. The condition of the card is
the opinion of the third party grader.
We do not guarantee “crossover” of any
card sold on this auction site from one
third party grader to another.
Population and SMR values will be taken
from the current SMR and Population
reports made available on-line from PSA
or on-line from SGC.
14) SALES TAX: Ohio residents must contact Cardboard Classics
LLC. after the auction to report the
county they reside in order to apply
sales tax correctly. Sales tax for Ohio
residents will range from 6.25% to
7.75%.
15) We reserve the right to accept or refuse a bid by any
bidder for any reason.
16) Registrant agrees to automatically receive Cardboard
Classics LLC. email notifications
relating to the auction, or auction
announcements.
17) We are not responsible for any inaccuracies or omissions
contained within this website.
18) Placing a bid constitutes acceptance of the above terms.
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LAWS
These Terms of Service shall be governed by and construed in
accordance with the laws of the state of Ohio. User and this Auction
Site agree to submit to the exclusive jurisdiction of the courts of the
state of Ohio. If any provision(s) of these Terms of Service is held by
a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full
force and effect. This Auction Site's failure to exercise or enforce any
rights or provisions of these Terms of Service shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by
this Auction Site in writing. User and this Auction Site agree that any
cause of action arising out of or related to this Service must commence
within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. The section titles in these Terms
of Service are provided for reference purposes only and have no legal or
contractual significance
DESCRIPTION OF SERVICE
Cardboard Classics LLC. provides its users with an Internet auction
service for the purpose of buying and selling personal property. Users
agree to provide certain current, complete, and accurate information
about themselves and to maintain and update this information as required
to keep it current, complete and accurate. All information requested on
original sign up shall be referred to as registration data
("Registration Data"). Furthermore, user grants this Auction Site the
right to disclose to third parties certain Registration Data about User
and Service membership in the aggregate; however, such disclosures will
exclude user's name, mailing address, email address, account and phone
number, unless: (1) User expressly directs this Auction Site to disclose
such information, or (2) this Auction Site is required to disclose such
information by any applicable law or legal process served on this
Auction Site.
MODIFICATIONS TO TERMS OF SERVICE
This Auction Site may change these Terms of Service from time to
time. Users will be notified by email of any change in these Terms of
Service. User's continued use of the Service constitutes both: (1) their
acknowledgment of these Terms of Service and any modifications; and (2)
User's agreement to abide and be bound by these Terms of Service and
modifications.
MODIFICATIONS TO SERVICE
This Auction Site reserves the right to modify or discontinue the
Service with or without notice to user. This Auction Site shall not be
liable to users or any third party should this Auction Site exercise its
right to modify or discontinue the Service.
TERMINATION
Should user object to any of these Terms of Service or any
subsequent modifications thereto or become dissatisfied with the Service
in any way, user's only recourse is to: (1) discontinue use of the
Service; (2) terminate Service membership; and (3) notify this Auction
Site of termination.
USER ELIGIBILITY
Our services are available exclusively to individuals able to form
legally binding contracts under applicable law. Without limiting the
foregoing, our services are not available to minors. Furthermore, this
Auction Site reserves the right to refuse service to anyone for any
reason whatsoever.
REGISTRATION & ACCOUNT SECURITY
Users agree to provide true and accurate information about
themselves in the registration form. If any information provided by user
is incomplete or inaccurate, this Auction Site retains the right to
terminate user's membership and rights to use the Service. As part of
their registration, users will receive a User ID and Password. Users are
encouraged to keep their User ID and Passwords private because the
foregoing data is the only information needed for purchasing power.
Users are responsible for the confidentiality of their User ID and
Password as well as for any and all activities that occur under their
user ID and password-protected account. User agrees to immediately
notify this Auction Site of any unauthorized use of their User ID or
Password or any other breach of security known to user.
USER CONDUCT
User is solely responsible for the contents of his or her
transmissions through the Service. Use of the Service is subject to all
applicable local, state, national and international laws and
regulations. Attempts to gain unauthorized access to other computer
systems are prohibited. This Auction Site may, at its sole discretion,
immediately terminate Service should user's conduct fail to conform to
these Terms of Service and User Agreement.
OTHER LIMITATIONS
This Auction Site retains the right, at our sole discretion, to
determine whether or not a user's conduct is consistent with the letter
and spirit of this Agreement. This Auction Site reserves the right to
terminate service if a user's conduct is found to be inconsistent with
these Terms of Service and User Agreement.
BIDDING AND BUYING
Cardboard Classics LLC. has the right to establish general
practices and limits concerning users' bidding privileges and
procedures. A user who has entered the highest accepted bid at the end
of an auction is obligated to complete the transaction. Once entered,
bids are NOT retractable. This Auction Site and it's host are not
responsible for bids not being processed or not being accepted due to
technical difficulties. Moreover, bid manipulation of any kind is
expressly forbidden. A seller is prohibited from placing bids or
arranging to have bids placed on behalf of seller, seller's agent or
assigns on their consigned lots. No shill bidding is
allowed. Buyers are prohibited from communicating with each other
with the purpose of manipulating the final purchase price of an item.
Please note that it is a violation of law to make bids in a false name
or with an invalid payment method, even if our software initially
accepts such a bid. Be aware that even if you do not give us your real
name, your web browser transmits a unique Internet address to us, which
can be used by law enforcement officials to identify you. Do not test
our auctions with false bids. This puts you at substantial personal
legal risk. Fraudulent bidders will be prosecuted to the fullest extent
of the law. Currently, both the FBI and the US Secret Service are
responsible for investigating all Internet fraud cases.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE As operated by
Cardboard Classics LLC., this auction Service, is provided to you under
the foregoing Terms of Service and any operating rules or policies that
may be published by this Auction Site. The Terms of Service comprise the
entire agreement between Member and this Auction Site and supersede all
prior agreements between the parties, regarding the subject matter
contained herein. By participating in the registration process, you are
indicating your agreement to be bound by all of these Terms of Service.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS.
THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Cardboard Classics LLC. MAKES NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Cardboard
Classics LLC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. Cardboard Classics LLC. MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Cardboard Classics LLC.
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Cardboard Classics LLC. OR ITS HOST SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY
GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF Cardboard Classics LLC. OR ITS HOST HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
Use of this Service is personal to Member. Member agrees not to
resell or make any commercial use of the Service, without the express
written consent of Create Auction LLC. Without limiting any other
remedies, this Auction Site may terminate your account if you are found
(by conviction, settlement, insurance or escrow investigation, or
otherwise) to have engaged in fraudulent activity in connection with our
site.
INDEMNIFICATION
User agrees to indemnify and hold Cardboard Classics LLC., its
parents, subsidiaries, affiliates, officers and employees, and likewise
the host, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of their use of the
Service, a breach of this User Agreement, or the infringement by user,
or other user of the Service using registered user's computer, of any
intellectual property or other right of any person or entity.
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