COLLECTED AUCTIONS TERMS AND CONDITIONS
Use of this website, placing of any bids, or offers, purchases, or submissions to sell by any party constitutes full understanding and agreement to the Terms and Conditions set out below. If you do not agree to these Terms and Conditions “as is”, you may not enter this website or place any bids, offers, or engage in any other transactions. Please note that all the terms “Seller” and “Buyer” as written in this User Agreement refer to you, and your obligations hereunder.
USE OF COLLECTED AUCTIONS
Without limiting other remedies, Collected Auctions may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off Collected Auctions if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
While using Collected Auctions, you agree you will not:
• use Collected Auctions if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Collected Auctions.
• circumvent or manipulate our fee structure, the billing process, or fees owed to Collected Auctions
• distribute or post spam, chain letters, or pyramid schemes
• distribute viruses or any other technologies that may harm Collected Auctions, or the interests or property of Collected Auctions users
• post content or items in an inappropriate category or areas on Collected Auctions
• violate any laws, third party rights, or our policies
• fail to deliver to Collected Auctions items purchased from you
• manipulate the price of any item or interfere with other user’s listings
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
• use any robot, spider, scraper, or other automated means to access Collected Auctions for any purpose without our express written permission
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from Collected Auctions without the prior expressed written permission of Collected Auctions and the appropriate third party, as applicable
• interfere or attempt to interfere with the proper working of Collected Auctions or any activities conducted on Collected Auctions
BUYING ON COLLECTED AUCTIONS
HOW TO PLACE AN ORDER
By bidding on or buying an item, you create a binding and enforceable legal contract between you and Collected Auctions to pay for the items within 7 days of purchase or the auction lot’s close under the terms and conditions of the User Agreement. A Buyer’s Premium will be added per lot (item) to the successful bid and varies by lot (item) only for lots designated as having a buyer’s premium. The buyer’s premium is a charge in addition to the final price (i.e. the winning bid) of an auction item.
Please note that all items (lots) are priced in U.S. currency, and do not include a buyer’s premium (where applicable), shipping, handling, or insurance. Sales tax will be added to your invoice when required by law. For more information about sales tax please click here.
Collected Auctions accepts Visa, Master Card, Discover, AMEX, PayPal, checks, money orders, ACH, and wire transfers. Collected Auctions does not accept credit cards or PayPal for orders or cumulative outstanding balances above $2,500. Please note we cannot accept checks from non-U.S. banks, as Collected Auctions incurs additional expense in depositing them.
All credit cards are subjected to our merchant processor’s verification system. In the event our merchant processor is unable to verify the information you have provided with your credit card issuing bank, Collected Auctions may require additional steps to verify your identity. If Collected Auctions is unable to verify ownership of your credit card, payment must be made in cash, check, money order, ACH, or wire transfer. For credit card verification you must enter your billing address exactly as it appears on your credit card statement. If you do not, your payment may be rejected. We cannot ship to an address that is not the billing address on file with your credit card company.
If paying by PayPal, please note that we cannot ship to an unverified address. All fee-bearing payment types such as credit card or PayPal will incur a surcharge of 3%. Payment by cash, check, money order, ACH, or wire transfer will not incur a surcharge. This fee only applies to fee-bearing payment types such as credit cards or PayPal and shall not exceed Collected Auctions’ s cost of processing.
Please make out checks to “Collected Auctions, Corp.” and note your invoice number in the memo field. Make your check payable to and mail to the address below:
Collected Comics & Games
2823 Alta Mere Dr.
Fort Worth, TX 76116
Payment must be received within 7 days of purchase or the auction lot’s close. Failure to make payment in the time specified may result in the cancellation of your order, cancellation of your member account, and your orders and bids may not be processed in the future. If your payment method fails, we reserve the right to collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel).
Members are allowed to place offers on items listed by Sellers. By making an offer, you are creating a binding and enforceable legal contract to purchase the item if the Seller accepts and will be bound by the terms listed above under HOW TO PLACE AN ORDER. All offers expire after 48 hours. If the seller has not accepted your offer within the allotted period, the offer becomes null and void. Should the seller reconsider and offer to sell the item for the price of your offer AT A LATER TIME, the decision of whether or not to complete the purchase may be made entirely at your discretion within the allotted time permitting acceptance. If the Seller wishes to counteroffer, that counteroffer expires 48 hours after the time at which the seller extends it.
As a failsafe measure to curtail the wasting of a seller’s time by insincere buyers, offers on Fixed Price items that are less than 25% of the seller’s asking price will be automatically rejected.
From the time Collected Auctions receives your payment, after funds have cleared please allow up to 3 weeks for your items to be shipped.
Collected Auctions does not store Seller items on premises during the period they are listed for sale or auction. Immediately upon your agreement to purchase an item, the Seller is contacted and instructed to ship the item to Collected Auctions within 7 days. Collected Auctions will then review and process the item(s) you purchased and ship your order. Your shipping and handling charges will be determined based on the weight, insured value, and shipping destination of your order. If you have any special requests or special delivery instructions, please contact us. We prefer to ship with and recommend FedEx, although USPS options are available. Orders valued over $400.00 will require an adult signature on delivery.
All duties and taxes levied on shipments are the responsibility of the buyer. Collected Auctions shall not be liable for any loss caused by or resulting from seizure or destruction under quarantine or Customs regulation, or confiscation by order of any Government or public authority.
Upon shipment of your order a notification will be sent to your email on file. Any request for shipping verification, or filing a claim for an undelivered package, must be made within 30 days of shipment.
If you have any questions or concerns about this policy, please feel free to e-mail us at email@example.com, or call us at 817-576-3656.
SELLING ON COLLECTED AUCTIONS
HOW TO SELL ON COLLECTED AUCTIONS
The “Sell Comics” listing feature on our website enables you to upload your comics quickly and easily on Collected Auctions to sell at Auction, or at the Fixed Prices you specify. You may also accept and reject offers made by Buyers for your Fixed Price items. When a seller lists an item through Collected Auctions’s “Sell Comics” listing feature, Collected Auctions collects a 10% commission on the aggregate final realized price of items that sell, and only after payment is received by Collected Auctions from the Buyer. If a seller elects to consign their items to Collected Auctions to list by Collected Auctions’s staff, Collected Auctions collects the agreed to commission on the aggregate final realized price of items that sell, and only after payment is received by Collected Auctions from the Buyer. Typically, within 30 days of the sale of one of your items, Collected Auctions will issue payment for the sale of your comics by mailing you a check. Collected Auctions may apply a $5 fee for listings that are valued or sell for $50 or less.
ACCEPTING OFFERS & MAKING COUNTEROFFERS
Members are allowed to place offers on items you list for sale at a Fixed Price. By accepting an offer, you create a binding and enforceable legal contract to sell the item at that price to the Buyer. All offers expire after 48 hours. If you have not accepted an offer within that time period, the offer becomes null and void. Should you reconsider and agree to sell at the specified price AT A LATER TIME, the decision of whether or not to complete the purchase may be made entirely at the discretion of the Buyer within the allotted time permitting acceptance. If you wish to extend a counteroffer to a Buyer, that counteroffer expires 48 hours after the time at which you made it.
As a failsafe measure to curtail the wasting of a seller’s time by insincere buyers, offers on Fixed Price items that are less than 25% of the seller’s asking price will be automatically rejected.
SHIPMENT OF ITEMS TO COLLECTED AUCTIONS
Immediately upon entering a binding agreement to sell your item to a Buyer, you are required to securely ship your item to Collected Auctions within seven (7) days.
Collected Auctions shall pay to the Seller the sum of the final realized price of all items sold, less the agreed commission retained from the proceeds of the sale. Each payment made to the Seller shall be accompanied with a written accounting of the sales activity, specifying which items sold. Collected Auctions may apply a $5 fee for listings that are valued or sell for $50 or less.
TIMING OF PAYMENTS
Items are shipped from Collected Auctions to Buyers after the Buyer has remitted full payment in cleared funds. A minimum of 10 days must pass after the Buyer receives their purchase before Collected Auctions can issue payment to the Seller. Collected Auctions will not make such payment if the Buyer gives notice of intention to rescind the sale, or any other bona fide claim relating to the item, within the grace period of Collected Auctions’s Return Policy (returned items shall be returned to the Seller). All payments to Sellers will be made in US Dollars.
WITHDRAWAL OF ITEMS
Seller may not withdraw items listed at Auction. Seller does retain the right to remove Fixed Price items from the site at any time, so long as no Buyer has agreed to buy them. If Seller accepts an offer, they are obligated to sell the item. If the Seller issues a counteroffer, they may not remove the item from the site unless the potential Buyer does not accept the offer within 48 hours.
Collected Auctions reserves the right to withdraw any Seller’s item at any time before or after sale if in Collected Auctions’s sole judgment (i) there is doubt as to its authenticity, (ii) there is doubt as to the accuracy of Consignor’s representations and warranties set forth herein, (iii) Consignor has breached any provision of this Agreement or (iv) other just cause exists. If a Seller reneges upon the valid sale of an item they listed to sell, Collected Auctions reserves the right to collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel).
RECESSION OF SALE
Collected Auctions is authorized to accept the return and rescind the sale of any lot of Property at any time if Collected Auctions in our sole judgment determines that the offering for sale of any item has subjected or may subject Collected Auctions and/or the Seller to any liability, including liability under warranty of authenticity or title. In such event, Collected Auctions is further authorized to refund or credit to the Buyer the purchase price of such returned item. If Collected Auctions has already remitted to the Seller any proceeds of the rescinded sale, the Seller forthwith shall pay Collected Auctions upon request an amount equal to the remitted proceeds.
NON-PAYMENT BY BUYER
Collected Auctions shall have no obligation to enforce payment by the Buyer. However, in the event of non-payment by the Buyer, Collected Auctions in our sole discretion, may cancel the sale and return the item to the Seller, enforce payment by the Buyer, or take any other actions permitted by law. Collected Auctions shall not, under any circumstances, be liable for any consequential damages to the Seller as a result of non-payment by the Buyer.
LATE PAYMENT BY BUYER
Collected Auctions reserves the right to impose upon and retain from the Buyer late charges associated with late payment for purchase. Payment is due within 7 days of purchase.
If items are sent from or returned to the Seller, Seller agrees to bear all costs of shipping, handling, insurance, and risk of loss. Seller thereby agrees to pay all costs relating to: (a) packing and shipping the items to Collected Auctions (b) packing and shipping the items from Collected Auctions if any Property is returned to Seller; (c) transit insurance; (d) all applicable customs duties and customs user fees; (e) bank fees incurred in making consignment payments should consigner request payment in a form other than a Collected Auctions company check. Seller hereby agrees that all shipments of Property to Collected Auctions shall require signature upon delivery.
Collected Auctions reserves the right to make changes and corrections to any of the content or programs available at this Website, at any time, without notification. We do not guarantee the accuracy of any information available, and disclaim all liability for any inaccuracy, omission, or error. Collected Auctions reserves the right to terminate any section or service at its discretion without notice, or to terminate Your right to access or use Website without notice or explanation.
Any written or oral appraisal, estimate or other statement of Collected Auctions or our representatives with respect to the estimate or value of any items is a statement of opinion only and shall not be relied upon the Seller or any third party as a prediction or guarantee of the actual selling price.
You will not hold Collected Auctions responsible for other users’ actions or inactions, including things they post. In no event shall Collected Auctions be liable for the failure of any lot of Property not to be sold. You will not hold Collected Auctions responsible for items purchased that were incorrectly described or pictured. Collected Auctions shall assume all risk of loss from theft, damage to, or destruction of the consigned items from any cause whatsoever from the time of receiving possession of consignments until sale. Collected Auctions shall carry appropriate insurance to cover the consigned items at full value.
LICENSE OF CONTENT
When you post or upload content, either in pictures or words, you grant Collected Auctions Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (Collected Auctions needs these rights to display and host your listings.)
SELLER’S REPRESENTATIONS AND WARRANTIES
Seller represents and warrants to Collected Auctions that; (i) Seller has the right and title to sell the item(s) for sale; (ii) each item is, and until the completion of sale by Collected Auctions will be, free and clear of all liens, claims and encumbrances of others or restrictions on Collected Auctions’s right to offer and sell the item; (iii) upon sale, good and marketable title and right to possession will pass to the Buyer free of any such liens, claims, encumbrances or restrictions; (iv) the Seller has no reason to believe that any of the items are not authentic or counterfeit; (v) the items are not “confiscated Property” within the meaning of any United States federal or state laws; (vi) Seller’s authorization of Collected Auctions to sell the Property is in full compliance with all United States federal and state laws; (vii) the exportation, if any, of the item(s) from any foreign country has been in full conformity with the laws of such country and the importation of the item(s) into the United States has been or will be in full conformity with the laws of the United States; and (viii) there are not, and until the completion of sale by Collected Auctions, there will not be, any restrictions on Collected Auctions’s right to photograph, reproduce photographs of or exhibit the item(s).
Consignor agrees that such representations and warranties are for the benefit of Collected Auctions and Buyers of the item(s) and that such representations and warranties shall survive the completion of the transactions contemplated hereby. Seller agrees to notify Collected Auctions promptly in writing of any events or circumstances that may cause the foregoing representations and warranties to be inaccurate or breached in any way.
If Seller is acting as an agent for a principal, Seller and principal, jointly and severely, assume all of Seller’s obligations set forth in this Agreement.
Seller grants to Collected Auctions the right to illustrate and photograph the item(s) and to use such photographs, illustrations, or images at any time before or after the sale and for such purposes as Collected Auctions deems appropriate. Seller agrees that all catalogue and other photographs, illustrations and descriptions of the item(s) created by or for Collected Auctions are not “works made for hire” on behalf of Seller under copyright law, and that Collected Auctions shall own the exclusive copyright and all other rights relating to all such photographs, illustrations and descriptions.
MEMBERS MAY CLOSE THEIR COLLECTED AUCTIONS ACCOUNT AT ANY TIME. THE OBLIGATIONS OF THIS AGREEMENT SHALL SURVIVE TERMINATION.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
DISPUTE RESOLUTION, ARBITRATION, AND REMEDIES:
The Customer (being the bidder, purchaser, and/or recipient) expressly agrees and accepts to be bound by the terms and conditions set out below in respect to the resolution of any and all disputes, claims, and actions.
1. Dispute Resolution Mechanism. By entering this website, placing a bid, winning a bid, or otherwise purchasing any goods or items from Collected Auctions (or its affiliated companies), the Customer hereby expressly agrees and accepts (i) to be bound by the Terms and Conditions of Sale, as amended from time to time, as posted on Collected Auctions’s website, and (ii) that all actions, claims, disputes, and controversies arising out of or in relation to any bids, purchases, failed purchases, sales or failed sales, commissions, descriptions, conditions, issues of authenticity, warranties or other disputes, whether asserted in contract, tort, under Federal or State statute or regulation, or any other action or claim made by the Customer (collectively, the “Claim”) must be submitted and exclusively heard by and presented in a confidential binding arbitration before a single arbitrator administrated by and conducted under the rules of, the American Arbitration Association. The locale for all such arbitrations shall be Fort Worth TX, USA. The arbitrator’s award may be enforced in any court of competent jurisdiction. In the event that any Claim needs to be litigated, including actions to compel arbitration, construe the agreement, actions in aid of arbitration, or otherwise, such litigation shall be exclusively in the Courts of the State of Texas, in the Northern District, and if necessary the corresponding appellate courts. This undertaking and agreement shall be determined and construed under the laws of the State of New York. Each Party waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
2. No Representations. For the avoidance of doubt, Collected Auctions makes no representations or warranties, other than as may be expressly stated in writing in respect of any transactions. All items are sold “as is” without warranty, express or implied under any construction of statute, common law, or custom. Collected Auctions disclaims all warranties regarding accuracy, usefulness, availability, merchantability, fitness, for any purpose or implied warranties as permitted by applicable law.
3. Grievance Process. If the occasion arises where the Customer has a concern over any purchase or transaction, he/she must contact Collected Auctions within ten (10) days (by phone or email) of receipt of your purchase or close of the auction (where you succeeded on a transaction).
3.1 Permitted Returns. For the avoidance of doubt:
3.1.1 returns are only accepted on the sale of raw (ungraded) single issue comic books, provided such ungraded comic books are:
i) returned by the purchaser and received by Collected Auctions within seven (7) days of the date from which you contact Collected Auctions regarding the return, and such comic book had been paid in full within seven (7) days of the date of purchase. Comic books purchased on installment or payment plans are excluded from this return policy.
ii) received in the same condition (i.e.: no additional defects or wear permitted) as was originally sent to the purchaser. Collected Auctions shall have the right to determine whether the received item’s condition satisfies this criteria.
iii) returned at the cost of the purchaser with insurance by FedEx or similar courier service that requires signature on receipt.
3.2 For the avoidance of doubt, this Return Policy and Satisfaction Guarantee is only extended to buyers from whom Collected Auctions has received payment within the required seven (7) days specified under “How to Place an Order”. Please note that we cannot accept returns on any comic books or other purchased items, including those with previously undetected restoration, after the specified return period listed here. Additionally, all “in person” sales (conventions, in office, etc.) where the purchaser has an ability to inspect the goods or products at the time of purchase are final.
Notwithstanding the above, in the event you believe a raw book sold by Collected Auctions represented as unrestored has in fact been restored, and such fact is reasonably confirmed by Collected Auctions, Collected Auctions shall issue a 100% refund, if you have returned the raw book purchased within ten (10) days from the date of purchase. After such ten (10) day period, Collected Auctions’s only obligation shall be to use all reasonable efforts to re-sell the raw book at a 0% commission. This right of return does not apply to any comic books whose descriptions contain comments indicating any type or form of restoration or conservation. Note that books graded by any third-party grading companies and placed into a blue Universal holder or equivalent are unrestored, and Collected Auctions does not take responsibility for any errors by such third-party graders. Customers are responsible for all expenses incurred in the discovery of restoration work and shipping costs.
3.3 In the event that Collected Auctions cannot deliver the item purchased or subsequently it is established that the item purchased lacks title, or other transfer or condition issue is claimed, the sole remedy shall be limited to rescission of sale and refund of the amount paid by the purchaser. In such case, Collected Auctions’s maximum liability shall not exceed the purchase price received from the purchaser, which purchase price shall be deemed for all purposes the value of the item purchased. In the event of an attribution error, Collected Auctions may at its sole discretion, correct the error on the Internet, or, if discovered at a later date, refund the purchase price without further obligation. Nothing herein shall be construed to extend the time of return or conditions and restrictions for return.
3.4 There are no returns, refunds, credits, exchanges accepted on the sale CGC or third party graded items, group lots, original art, memorabilia, collectibles and video games or items shown on our website; rather all such items are sold “as is”. Although the following is very rare, due to the nature of the 3rd party holders, chipping and cracking of the holder may occasionally occur during shipping. Collected Auctions takes great pains to pack comics in a careful and protective manner, and our packaging methods have been painstakingly tested with our shipping companies to ensure we meet the highest standards of safety and stability. However, as cracking and chipping on third party holders is quite common, Collected Auctions cannot guarantee the condition of the third party holder. Collected Auctions cannot accept returns or issue credits on any third party graded collectible due to holder damage.
4. No Jury or Class Action. By participating in any auction, sale, or purchase transaction with Collected Auctions, the Customer is EXPRESSLY WAIVING ANY RIGHT TO TRIAL BY JURY or to participate in a class action against Collected Auctions. Collected Auctions shall have no obligation or duty to participate in any mediation or other settlement discussions.
5. Fees and Costs. The prevailing party (a party that is awarded substantial and material relief on its damage claim or the successful defense of a Claim, in each case based on the quantum of damages sought versus the award issued) shall be awarded reasonable attorneys’ fees and costs, and each party shall have the right to ask the tribunal to make such award or determination.
6. Remedies. The Customer agrees and acknowledges that neither Collected Auctions nor its respective agents, directors, officers, or employees shall be liable for any consequential or indirect loss or damage, including cost of capital, loss of goodwill, loss of revenue, profits or business or other special or incidental damages whether based in contract or tort (including negligence, strict liability or otherwise) whether or not any such person has been advised of the possibility of such damages. Exemplary or punitive damages are not permitted and are waived. Collected Auctions’s maximum liability shall be the value of the consummated purchase to the extent that payment was actually received.
7.1 Any party participating in an auction hereby grants the right to Collected Auctions to contact such party in respect of the Auction and subsequent auctions and events. In the event that the party desires not to be contacted in the future, he/she may contact Collected Auctions to opt out of any mailing or contact list.
7.2 Nothing herein shall be construed or is otherwise intended to waive Collected Auctions’s general Terms and Conditions; provided that in the event of any conflict between the terms and conditions herein and any general terms and conditions, the terms and conditions herein shall prevail and control for all purposes.
7.3 All services, programs, content, data, and features of Website, without limitation, are provided “as is,” without warranty, express or implied under any construction of statute, common law, or practice. Collected Auctions assumes no liability for any damages that may arise from the transmission of viruses. Collected Auctions shall not be responsible for interruptions in the internet, Collected Auctions’s (or any related website) being unavailable, even if such unavailability results in any potential purchaser from submitting or withdrawing a bid or otherwise in connection with any purchase.
7.4 Collected Auctions reserves the right to make changes and corrections to any of the content available at this Website, at any time, without notification. We do not guarantee the accuracy of any information available, and disclaim all liability for any inaccuracy, omission, or error. Collected Auctions reserves the right to deny access to its website without explanation or reason.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Collected Auctions’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the transactions contemplated on Collected Auctions. Neither party shall be liable to the other for any special, consequential, or incidental damages. This Agreement shall be binding upon Consignor’s heirs, distributes, executors, legal representatives, successors, and assigns.
End of Terms and Conditions