BIDDING TERMS AND CONDITIONS

COLLECTIBLEXCHANGE.COM

(INCLUDING RULES & INSTRUCTIONS)

To register for our Auctions, please read the rules below and click the “registration” tab on top of the page. By completing the registration, you are accepting all the Terms and Conditions set forth herein and you acknowledge and agree that you are bound by these Terms and Conditions concerning any of your conduct and transactions in our Auctions.  If you have already registered for CollectibleXchange Auctions, you do NOT need to register again.

1.  Registration: If you are not a registered CollectibleXchange bidder, you must register online at www.bidcx.com or contact us.

a) International bidder registration: It is the policy of CollectibleXchange to adhere to all applicable laws and regulations. For this reason, we request that anyone who lives or will request that items be shipped to a location outside the United States of America please contact us at auctions@collectiblexchange.com for auction bidder registration.

2.  Internet Auction Bidding: Bidding begins immediately upon the launch of the auction on our website.

All online auctions will have an initial closing time of 10:00 PM Eastern (“Closing Time”).  Placing a bid constitutes a legally binding contract. Once a bid is placed, you cannot retract it. No retractions of bids are permitted at any time. Bidding may occur in any of the following ways:

·        Online Bidding: Online bidding for fully registered users is available 24 hours a day. Unless otherwise indicated by us.

·        Extended Bidding & "15-Minute Rule": You must place an initial bid on any item before 10:00 PM Eastern Time on the Closing Date to be eligible to bid during Extended Bidding which starts at 10:00 PM. All lots will remain open until the official close of the auction. At 10:00 PM Eastern Time, the extended bidding period will begin. A bid on any single item prior to extended bidding will allow access to bid on any item in the auction during extended bidding.

·        The 15-Minute Rule (extended bidding period) means that starting at 10:00 PM EST on the last day of the auction, the auction will close only if no bids are placed on any item within 15 minutes prior to the closing time. Only if no bids are placed during a 15-minute span of time in the entire auction, the entire auction will close.  If, however, a bid is placed within that time span on any auction item, the entire auction will stay open for another 15 minutes; this period is referred to as "Extended Bidding." This process will stay in effect until no bids are placed within a 15-minute time span on any auction item.  During this Extended Bidding, the auction will close once no bids are received for a period of 15 minutes.  Notwithstanding anything in these rules, WE RESERVE THE RIGHT TO CLOSE ANY AUCTION AT ANY TIME, whether or not scheduled in advance.

·       Subject to Change. The Company, it is sole discretion.  The Company will email our bidders as soon as reasonably practicable if there is any change to the auction. The Company is not responsible if an individual user does not receive the closing update email. Please always make sure to keep your CollectibleXchange notifications enabled.

3. Minimum Bids and Reserves:  The minimum bid is the publicly opening bid. All minimum bids are published in the lot catalogue. The Reserve Price is a minimum bid set by the consignor below which the lot will not be sold. Accordingly, if the Reserve Price is not met at the conclusion of the auction, the lot will not be sold. Reserve bid prices are not publicly available and will not be published, except that twenty-four hours prior to the auction close, any item with an unmet reserve will be annotated with “Reserve Not Met” in the online bidding. Reserve bids are available to the House and the House may, at its discretion, on behalf of the seller confidentially set an “up to” bid where the next bid in succession would hit the Reserve bid. No reserve bid placed by the House will be executed at a level greater than one bid below the actual reserve.           

4. Buyer's Premium: The opening bid amounts placed in this sale on our website are also referred to as the “Hammer Prices.” A Buyer’s Premium will be added to the winning bid or hammer price and is payable by the purchaser as part of the total purchase price. The Buyer’s Premium for the Auction will be 20% if payment is made by cashier's check or wire transfer, within 10 days of the date of invoice.  CollectibleXchange must be alerted before the 5th day after auction closes if paying by certified check, cashier’s check, bank check, or wire transfer.  The Buyer’s Premium for the Auction will be 22.5% if payment is made using a credit card or PayPal.  Each of these payment methods is subject to the terms and conditions set forth in Section 8, Payment.

5. Bidding Increments: Items will be sold to the highest bidder. Bids can be no lower than the minimum bid listed on the website.

6. 'Maximum Bids": A bidder is allowed to place a “maximum bid” which is the price set by the bidder which they are willing to pay. By placing a “maximum bid”, you are instructing CollectibleXchange to bid on your behalf up to (but not over) the “maximum bid” amount set by the bidder. The bid options are calculated by the auction software. The software will automatically increase a bid when a bidder has a “maximum bid” in effect.

7. Product Information: All lots and descriptions are available for viewing on our website.

8. Payment: All invoices should be paid in full within 5 days of the close of the auction invoices will be emailed to bidders the day after auction close and will also be available by logging into your online account.  Bidders have 4 days from the day invoices are sent to make payment, on the 5th day the card on file will be charged.

Credit Card Required. We require a credit card to participate in an auction, although we do permit other methods of payment as set forth in this agreement.  

Other acceptable methods of payment include certified check, cashier’s check, bank check, wire transfer and PayPal for invoices under $7500. Please note that wire transfers less than $1,000.00 are subject to a $25.00 processing fee. In addition to your bank may charge additional fees.

Failure to pay your invoice in a timely manner will result in your bidding privileges being revoked. If an invoice has not been paid within 5 days of invoice date, the bidder's credit card on file will be automatically charged for the full amount due. Unpaid balances shall incur interest at 3.5% per month until paid.

Contact Information. If you need assistance or have questions, please contact us at (914) 415-4100 or email us at auctions@collectiblexchange.com

9.  Shipping: Costs for packaging, shipping and insurance will be added to all invoices. No lots will be shipped until full payment is received. Items will be shipped as soon as possible after the payment has cleared.

10. Taxes and Fees: The winning bidder agrees that they will be responsible for the payment of any and all applicable taxes due in connection with the winning lot, including but not limited to sales tax, use tax and value-added tax (VAT). Please familiarize yourself with these and how they will affect your purchase prior to bidding.

11. Authentication: authentication is subjective. We make every attempt to point out significant flaws or markings on items within the auction. All measurements given in the descriptions are approximate.  CollectibleXchange recognizes the authentication standards of PSA, JSA and Beckett as the only acceptable third-party for authentication of autographs in our inventory.

 

12. Authenticity and Returns:

a) All items encapsulated by a Third-Party Grading (TPG) Company: There are no returns on graded and/or authenticated cards, game tickets or any items encapsulated by a TPG. There are no returns on an ungraded item unless the ungraded item in question has an error in the description.

b) Autographed items: Items purchased with a PSA/DNA, JSA LOA, Beckett LOA are non-refundable.

c) Game Used items: CollectibleXchange will provide as much information as possible about any game used items offered for sale at auction. Whenever possible a Third-Party Authenticator will be used. Items that are direct from an athlete, team, or league and are accompanied by their certification as to game use may or may not also have authentication from a TPA. There are No Returns of game used items that are accompanied by a certificate from a TPA or direct from a league, athlete or team with letter/hologram. Any authentication direct from an athlete, team, or league accompanying items provided to CollectibleXchange are provided as a result of our commercially reasonable efforts to provide as accurate a representation of an item as possible. We do not guarantee that the item authenticated by an athlete, team or league will conform to the standards of 3rd party authenticators (TPA's). Furthermore, we are not bound by the opinions of any authenticators, grading services, or "experts". In addition, CollectibleXchange shall be free from all liability, as well as free from any and all legal claims whatsoever related in any way to an item with authentication directly from an athlete, team or league.

For non-authenticated game used items, returns will be reviewed on a case-by-case basis. All game used items (TPA authenticated and non-authenticated) are sold as described and “as is”.

d) Framed items: CollectibleXchange is not responsible for damage to framed items that may occur. Framed items are NON-returnable in the event of frame damage. There are NO EXCEPTIONS to this policy.

e) Photographs: CollectibleXchange posts multiple high-resolution photographs showing the items for each lot, including any damage, wear or markings. It is the sole responsibility of the bidder to carefully inspect each lot photo prior to bidding on a particular lot. No returns or refunds will be allowed regardless of whether the damage and/or wear is mentioned in written the lot description.

f) Third Party Authenticators Database Information: Failure of a third-party to list an item in their database is not adequate reason to refuse to pay any amounts due to CollectibleXchange.

Except as listed above, all sales are final with no returns permitted.

13. ILLEGAL BIDDING: No bidding by consignors on their consigned items, collusive bidding or shill bidding will be allowed. Any type of bid manipulation is expressly forbidden. Shill bidding is any bid placed by a person or persons to drive up the final price paid without intent to purchase the lot. CollectibleXchange also prohibits any bids placed in a false name or in the name of another person or with an invalid payment method, even if the software initially accepts such a bid. CollectibleXchange reserves the right to refer fraudulent bidders to proper authorities. CollectibleXchange reserves the right to ban any individual or entity from our auctions who engage in such practices.

14. Notwithstanding anything to the contrary in these Terms and Conditions, CollectibleXchange reserves the right to accept or reject any or all bids by any bidder. CollectibleXchange has the right to remove any item from auction at any time. CollectibleXchange reserves the right to rescind the sale of any lot due to title claim and if an item is previously shipped the bidder agrees to return the product for a refund in such case.

15. Postponement. CollectibleXchange reserves the right to postpone or delay an auction for any reason without recourse from any bidder or prospective bidder.

16. Errors and descriptions. CollectibleXchange reserves the right to remove an item from our auction at any time. Any error in a CollectibleXchange listing or lot description, whether typographical, photographic or technical, will be dealt with at our discretion. If a bidder believes an error has occurred, they MUST CONTACT US VIA EMAIL AT auctions@collectiblexchange.com WITHIN 14 DAYS OF RECEIVING PRODUCT. If we are contacted after 14 days, even in the event of a description error, the bidder shall have no recourse. CollectibleXchange will handle these cases in a case-by-case basis at its sole discretion.

17. Ownership of Items: CollectibleXchange or its employees may have an ownership interest in items being offered for sale.

18. Non Payment: If a winning bidder does not honor his or her bid with payment in full per the auction rules, then it is agreed that CollectibleXchange, may, at its sole discretion, sell the lots to the next highest bidder (under-bidder), offer the lots again in a future sale, or hold the defaulting buyer liable for the entire purchase price. In any case, it is explicitly agreed that the non-paying winning bidder will be responsible for any and all losses incurred, and also be responsible for all service charges and/or commissions related to the subsequent sale and that the non-paying winning bidder explicitly agrees to pay any and all costs of collection including reasonable legal fees incurred by CollectibleXchange in the collection of these losses if necessary. In addition, non-paying bidders understand that CollectibleXchange may, at its discretion, share their information with other auction houses or print the same in subsequent catalogs.

19. Exclusive Dispute Resolution Process: All claims, disputes or controversies in connection with, relating to and/or arising out of your participation in the auction (whether as a consignor, bidder or otherwise) including any purchaser of any item, any description of an item, any damage to an item whether asserted in contract, tort, or under any Federal or State statute or regulation hereto hereby submit to the non-exclusive jurisdiction of the United States District Court for the District of New York or, if jurisdiction in such court is lacking, the courts of the State of New Jersey in connection with the filing of a lawsuit or arbitration proceeding and for the enforcement of a decision by an arbitration proceeding hereunder. Any dispute arising out of or relating to this Agreement, including, without limitation, the interpretation of any provision in this Agreement or the breach, termination or validity hereof, shall be adjudicated in the forum of CX’s choosing. If CX elects to arbitrate the dispute, rather than file a Complaint in the District/State Court(s) of New York, the proceeding shall be conducted by the American Arbitration Association in accordance with their Commercial Arbitration rules then in effect. Any arbitration proceeding shall be held in New York, New York. This arbitration is in lieu of any litigation and the parties hereto expressly waive their right to court or jury hearings. The prevailing party, regardless of forum, shall be entitled to collect reasonable attorney’s fees and the costs of collection.

20. Limitation of liability: In no event will the liability of CollectibleXchange exceed the purchase price paid for any lot. CollectibleXchange shall have no liability to any claims made by the under-bidder or any bidder who is not the winning bidder of a particular lot/s.

21. Placing a bid is acceptance of these terms and conditions: Any person participating in or who registers for the auction agrees to be bound by and accepts these Terms and Conditions of Auction. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to jointly and personally guarantee payment for any successful bid.

CX reserves the right to refuse to honor any bid or to limit the amount of any bid at their sole discretion.

CX may occasionally experience internet or service outages and may periodically schedule system maintenance and other purposes, during which bidders cannot participate or place bids. If such outages occur, CX may at its discretion extend bidding for the auction, and/or allow a bid to be placed by a bidder who was unable to bid by the deadline due to internet service outages or other technical issues. CX is not responsible for system errors and/or software problems if they occur during an auction. Bidders unable to place bids through the internet should contact our offices.

DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COLLECTIBLEXCHANGE 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, WITH RESPECT TO PROPERTY PURCHASED THROUGH COLLECTIBLEXCHANGE. COLLECTIBLEXCHANGE MAKES NO GUARANTIES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE SERVICE PROVIDED BY THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COLLECTIBLEXCHANGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COLLECTIBLEXCHANGE THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.