Terms & Conditions
Scope and Introduction
These Terms & Conditions apply to all online bidding at auction sales conducted by or in conjunction with Collectors-Badges. By registering to participate in a Collectors-Badges auction sale via online bidding, you expressly agree to these terms and conditions.
These Collectors-Badges Online Bidding Terms and Conditions are supplemental, meaning that they shall apply in addition to the general Conditions of Sale and other terms and conditions applicable to bidders and buyers participating in the subject Sale (collectively, the “Bid Conditions”) and shall be deemed incorporated by reference and made part of the bid conditions for such sale. Additional information applicable to the sale may also be published on our website and it is your responsibility to review that information. In registering to bid at any sale, you agree to the applicable bid conditions.
Eligibility
Our services are available only to individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor you may use our services only in conjunction with your parent or legal guardian. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to this agreement.
Registration and Sale
- Before you can bid via online bidding, you must register to bid online. Please note that you must be registered 24 hours prior to the start of any sale or you may not be able to bid online in that sale.
- Once you have registered you should keep your account details strictly confidential and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account.
- Once you have successfully registered for online bidding in a sale, you will be eligible to bid.
- During a sale you may bid by clicking the bid button. Each bid shall be final and binding as soon as you click the bid button.
- The current bid will be displayed on your screen during the sale.
- You acknowledge that you are bidding in a live auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and connot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted via your online bidding account (including the liability to pay in full and on time in accordance with the Bid Conditions for any lot that is subject of a successful bid submitted from your account).
- Please note that Collectors-Badges reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account for any reason, at any time prior to, during or after a sale.
Listing Conditions
When listing an item, you agree to comply with Collectors-Badges terms and conditions and selling practices and that:
- You shall not list any U.S. federal law enforcement badges or replicas thereof.
- You are responsible for the accuracy and content of the listing and the item offered
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
- Content that violates any of Collectors-Badges policies may be modified, obfuscated, or deleted at Collectors-Badges discretion.
Seller Fees
The fees we charge for using our services are:
- An annual seller membership fee of $25.00 U.S. (Charged to your credit card on file upon registration and on January 1 of each year thereafter.)
- A 7% Sale commission fee for every successful sale. (Charged to your credit card on file on a daily basis.
- Miscellaneous listing options (bold, highlight, featured, etc.) as shown during listing of an item. (Charged to your credit card on file on a daily basis.)
If you are a seller, you are liable for transaction fees arising out of all sales made using Collectors-Badges services, even if sales terms are finalized or payment is made outside or Collectors-Badges. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Collectors Badges, you may be liable to pay the standard transaction commission fee that applies at the time of the transaction.
You must have a payment method on file when selling through Collectors-Badges services and pay all fees associated with our services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that Paypal deduct the amount owed from your Paypal account balance. In addition, you may be subject to late fees.
Privacy
You consent to the collection and use of your personal information by Collectors-Badges for the purpose of creating your registration, participating in one or more auctions or fixed price sales, and using the Website. Collectors-Badges may disclose your personal information to the applicable Vendor(s) if you are the highest bidder in one or more of the online auctions or a buyer of one of the items available in our fixed price listings.
International Terms
Export & Import
You consent not to include any items or lots in online-only sales which will be prevented from leaving a country by the laws of the country in which the lot is located, or from being delivered to a country selected by the buyer to which it is to be shipped.
However, any item or lot sold may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Many countries require a declaration of export for property leaving the country and/or an import declaration of entry of property into the country. Obtaining the necessary permits and/or licenses may result in additional costs or subsequent delays. Local laws may prevent you from importing an item or lot or may prevent you from selling an item or lot in the country you import it into. You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which may apply to exporting or importing any item or lot prior to bidding. If you are refused a license or there is any delay in getting one, you must still pay in full for the item or lot.
User Conduct
A user’s right to use the website is personal to the user. You warrant that your use of the Website is and will be in accordance with all applicable laws and regulations. You agree (1) not to use the Website for illegal purposes; (2) not to interfere or disrupt networks connected to the Website; (3) to abide by all rules, guidelines, terms and conditions as listed in these user Terms and Conditions and on the Website; and (4) not to transmit through the Website any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind or nature whatsoever.
Right to Monitor and Editorial Control
Collectors-Badges reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Website or through the Websites services or features by users, and Collectors-Badges is not responsible for any such information and materials posted by users. However, Collectors-Badges reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information of materials, in whole or in part, that in Collectors-Badges sole discretion are objectionable or in violation of these Terms and Condition, Collectors-Badges policies or applicable law. We may also impose limits on certain features, or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms and Conditions or applicable law, or for any other reason without notice or liability.
Termination
Collectors-Badges may terminate, change, suspend, or discontinue any aspect of the Website or the Websites services at any time, in our sole discretion, and without liability to any user. Collectors-Badges may restrict, suspend, or terminate your use of or access to the Website and/or its services if we believe you are in breach of or attempting to breach our Terms and Conditions or applicable law, or for any other reason without notice or liability.
Intellectual Property Rights and Copyright
Proprietary Rights, as between you and Collectors-Badges, Collectors-Badges owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including images, photographs, illustrations, text, graphics, logos, other visuals, etc. Your use of the Website does not grant you ownership of any content, software, code, data, or materials you may access on the Website.
Collectors-Badges responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act.
Indemnity
You agree to indemnify, defend, and hold Collectors-Badges and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the Company Parties) harmless from and against any and all claims, liabilities, losses, costs, and expenses (including attorneys’ fees) incurred by any Company Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Collectors-Badges reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Collectors-Badges defense of such claim.
Governing Law
The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Maryland, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Maryland, County of Howard. You agree to submit to the personal and exclusive jurisdiction of the courts located within Howard County in the State of Maryland. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Collectors-Badges must be made in writing and signed by an authorized representative of Collectors-Badges specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by Collectors-Badges successors, assigns, and licensees. There are no third-party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
Changes to Terms & Conditions
We may from time to time make changes to these Terms and Conditions. Any changes will be posted on our website and we will endeavor to notify you of the same by means of a notice of the revised terms. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by us. If you use online bidding after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of our online service.
Contact Information
Should you have any questions or concerns regarding these Terms and Conditions send them to BadgeMaster@collectors-badges.com.
