Last Updated: Oct 19 2021, 2:10 PM
2. Seller Terms
The terms in this Section 2 apply to you when you are selling Items.
- You must abide by these Terms and any other terms or guidelines posted by Marketplace in connection with the submission and sale of your Items.
- You must remove your Items from any third-party registries, including the PSA/SGC/Beckett Set Registry, and all other marketplaces, at or before the time the Items are sold by Marketplace. You will not offer any Item through another sales platform while the Item is offered by or scheduled to be offered by Marketplace.
- All information that you provide to Marketplace in connection with your Items and submission, including without limitation statements regarding the character, quantity, features, condition, authenticity, and history of the Items, must be true, complete, and accurate.
- You must abide by these Terms and any other terms or guidelines posted by Marketplace in connection with the submission and sale of your Items.
- Once your Items are listed in your Marketplace account, you must review each Item listing for accuracy within 24 hours. Once this review period is over, you waive any right to object to the listing for your Item.
- You hereby represent and warrant that you have legal ownership and full rights and authority to submit your Items to Marketplace and to grant Marketplace the right to sell your Items, and you hereby grant Marketplace the exclusive right to sell your Items in its online marketplaces.
- By submitting any Item, you represent and warrant that you are not (i) violating any law or regulation, (ii) infringing on any rights of third parties, or (iii) offering the Item as part of a fake transaction, enabling the purchaser, yourself, and/or third parties to violate any applicable law or regulation.
- Items submitted to the Auction marketplace will not be returned to you prior to sale, unless otherwise agreed between you and Marketplace and you will be responsible for return shipping. You may request withdrawal and return of any Item you submitted to the Vault marketplace at any time, subject to the terms of any loan agreement or other agreement between you and Marketplace or any of its affiliates, and provided there is not a sale pending for that Item.
- While the majority of transactions are completed, on very rare occasions, a buyer may fail to remit payment for a purchased Item. If an Item sale is not completed because a buyer fails to pay for the Item, Marketplace will relist the unpurchased Item in another auction. Marketplace will not return unpurchased Items to you, unless otherwise agreed between you and Marketplace.
- "Shill bidding" is prohibited. You may not bid on or otherwise participate as a buyer for your own listed Items, nor engage or encourage any third parties (other than buyers participating in good faith) to bid on or place offers for your Items.
- If you submit Items for sale through the Auction marketplace before the submission deadline, Marketplace will endeavor to sell the Items in the auction you specify. Marketplace may elect, in its discretion, to list the Items in any other Marketplace auction or remove the Items from an ongoing auction, with the goals of maximizing the sale price and ensuring trust in the sale. Notwithstanding the above, Marketplace is not required to take steps to maximize the sale price of the Items and makes no warranty that such results will be achieved.
- Marketplace does not take custody or responsibility for a submission until it is marked as received in Marketplace’s system. All incoming mail is fully recorded and a courier reporting a package as delivered does not act as an official delivery notification.
- Marketplace may, at its discretion, have Items reholdered and/or reviewed by the original grading company that rendered its assessment on that Item.
- You understand and acknowledge that Marketplace cannot accurately predict the ability to sell, selling price, or time of sale for any Item. Any statements made by Marketplace to this effect are estimates only, and you should not rely on such statements when deciding whether to submit your Items for sale. The placement and ranking of Items in search results on our website may vary and depends on a variety of factors, such as the, specifics of the Item, title and subtitle of the Item, description of the Item, and any search parameters.
- You must respond to any inquiries by Marketplace about your Items within reasonable amount of time.
- Marketplace will hold all sale proceeds for your Items in your Marketplace account and will release all or a portion of the proceeds to you in accordance with your instructions, subject to the terms of any loan agreement or other agreement between you and Marketplace or any of its affiliates. Marketplace reserves the right to deduct any amounts due and payable to Marketplace or any of its affiliates before releasing your proceeds. You agree that Marketplace charges a seller’s commission on each Item sold, which Marketplace may change in its sole discretion from time to time.
- If any Items are acting as collateral for a loan agreement between you and PWCC Capital or any other Marketplace affiliate, sale proceeds for that Item will be used to pay any amounts due under the loan agreement.
- Marketplace retains the right to (i) reject any Items you submit for any reason, (ii) revise product data associated with any Item to supplement, remove, or correct information, and (iii) remove any Item from sale if it determines or has reason to believe that the offer for sale of the Item may not be in accordance with these Terms, including, but not limited to, your representations and warranties regarding your rights and authority to submit and sell the Item. Items rejected or removed from sale by Marketplace under this paragraph may be returned to you at your cost.
- If Marketplace believes you are abusing Auction, Vault, or other Marketplace services in any way, Marketplace may, in its sole discretion and without limiting other remedies (i) limit, suspend, or terminate your account(s) and access to Marketplace services, (ii) delay or remove listings or other hosted content, (iii) reduce or eliminate any discounts or other special status associated with your account(s), (iv) remove, not display, or demote listings, and (v) take technical or legal steps to prevent you from using Marketplace.
- By submitting any Items to Marketplace, you grant Marketplace and its employees, contractors and agents the right to photograph or make video recordings of such Items. As between Marketplace and you, Marketplace will own all right, title and interest in and to all such photographs or video recordings, including without limitation all copyrights or other intellectual property rights. Marketplace hereby grants you a non-exclusive, worldwide, revocable license to publish and display photographs and video recordings of Items you own solely for personal use (such as promoting Items you have listed for sale on Marketplace), provided that this license will terminate automatically (i) as to photographs or video recordings of an Item if you no longer own such Item; and (ii) as to all photographs or video recordings of Items in the event you no longer have an account with Marketplace or have not listed an Item for sale on Marketplace in the prior 3 months.
- An opening bid amount applies to all Items listed for sale in an Auction marketplace. If any Item does not receive an opening bid (i) no sales commission will be due on such Item, and (ii) the Item will be forfeited to PWCC.
3. Buyer Terms
The terms in this Section 3 apply to you when you are buying Items.
- You must abide by these Terms and any other terms or guidelines posted by Marketplace in connection with bids, offers, or the purchase of Items.
- You must respond to any inquiries by Marketplace about your bid, offer, or purchase in a reasonable amount of time.
- "Shill bidding" is prohibited. All bids and offers must be made in good faith.
- You understand and acknowledge that all purchases are final and that your bids or offers must be honored in the event of a sale. Bids, offers, or purchases may not be retracted or cancelled.
- Marketplace reserve the right, at its sole discretion, to reject or refuse any bid or offer.
- You must not place multiple bids on a single Item from different accounts.
- Payment for purchased Items must be submitted in a timely manner in accordance with the applicable Marketplace terms.
- Contingent on your full and complete payment, Purchased Items will be sent to you or the party you designate in a reasonable amount of time after purchase, subject to the terms of any loan agreement or other agreement between you and Marketplace or any of its affiliates. You are responsible for ensuring the delivery address you provide to Marketplace is accurate.
- Risk of loss and title for any Item purchased through Marketplace passes to the buyer upon delivery of such Item to the carrier. Buyers are responsible for filing any claims with carriers for damaged or lost shipments.
- Packages shipped via FedEx to third-party receiving centers (Walgreens, Post Offices, UPS Stores, and others) are not covered by Marketplaces insurance policy and buyer take full liability responsibility.
- Returns are not accepted.
- The actual color, texture and detail of Items depends in part on the viewer’s computer system, and Marketplace cannot guarantee any color, texture or detail of Items will be accurate. Further, Marketplace does not endorse and has not verified the accuracy or reliability of any opinion or statement made on Auction, Exchange, or Vault by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products sold through Marketplace.
- You agree that you will conduct your own independent investigation into an Item’s character, quantity, features, condition, authenticity, history, potential value, and other attributes, and are not relying on any statement made by Marketplace, any employee or representative of Marketplace, or any other person or entity in making a decision to bid or purchase an Item.
- Credit card payments are only accepted for invoices under $10,000.
- Marketplace will not knowingly engage in financial transactions that involve proceeds from unlawful activity or that support terrorist activities (commonly referred to as “money laundering” or “terrorist financing” respectively), or involve individuals, entities and restricted countries designated by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or similar sanctions regulations in other countries where Marketplace does business. Without limiting the generality of (f) above, Marketplace may, in its sole discretion, reject or refuse any bid or offer that Marketplace suspects may violate the preceding sentence. Marketplace will file government reports, including those concerning suspicious activities, as required by applicable law.
- Marketplace provides you the ability to pay through: (i) third-party payment processors, (ii) Marketplace invoicing; (iii) credit and debit card payments and pre-authorization; and (iv) ACH Payments. By using a third-party payment processor, you may also be subject to such processor’s terms. You hereby authorize Marketplace to, without further notice to you, charge any credit or debit card that you maintain on file with Marketplace in connection with any amounts you owe, or to otherwise automatically debit any account which you maintain on file with Marketplace. If you utilize a credit or debit card to make payment for any amounts you owe or may owe as a result of a bid, Marketplace or its agent may request preauthorization for a card transaction for validation purposes and/or to ensure there are sufficient funds available in your account, which may include placing a temporary charge on your credit or debit card.
4. Auction Event Terms
In addition to and without limiting any other section of these Terms, this Section 4 applies when you participate in an online auction event facilitated by Marketplace (each, an “Auction Event”).
- Marketplace is an online-only venue and does not conduct or facilitate in-person live auctions. During any Auction Event, Items are solely bid upon through the Internet.
- You must be registered with Marketplace to participate in any Auction Event as either a buyer or seller, and Marketplace reserves the right to reject your participation in an Auction Event for any reason and cancel your registration. Approval to participate in one Auction Event does not guarantee approval to participate in any other Auction Event.
- Our online platform will make a final determination with respect to the bidding on the item and the sale of any Item, and such final determinations may not be challenged or appealed.
- Auction dates and times, as well as the number, character, and order and schedule of the Items to be auctioned are set by Marketplace and are subject to change without notice. Individual lots and Items may be modified or changed at any time. You acknowledge and agree that Marketplace does not ensure or guarantee that a buyer or seller will complete a transaction.
- Marketplace reserves the right to defer the sale of any Item to a future Auction Event, or decline to sell any Item, in Marketplace’s sole discretion.
5. Cancellations and Changes
In the event an Item is listed at an incorrect price due to typographical error or an error in pricing, availability or other information, Marketplace retains the right to cancel the applicable auction (and corresponding purchase) of any such Item, whether or not the purchase has been confirmed, a winning bidder has been identified, or such winning bidder’s credit card or other payment method has been charged. If the winning bidder’s credit card or other payment method has already been charged for a purchase and the auction or such purchase is cancelled, Marketplace will refund any such charges to the original payment method within a commercially reasonable period of time after cancellation. In addition, Marketplace may make changes to information about price, availability or other Item attributes without notice. Marketplace reserves the right, without prior notice, to refuse service to any customer or to cancel any purchase, including after it is submitted. Auction closing times are approximate, and Marketplace reserves the right to close any auction early or later than the scheduled time or to cancel any auction in its entirety for any reason. Marketplace may also require additional verifications or other information prior to the acceptance or shipment of any Item. Receipt of a purchase confirmation or acknowledgement of a winning bid from Marketplace does not constitute acceptance of such purchase by Marketplace, nor does it constitute confirmation of Marketplace’s offer to sell.
6. Modification of Terms
Marketplace may modify these Terms at any time in its discretion by posting modified Terms on the Marketplace website. Please check this page for the most current version of these Terms before submitting Items to, or making purchases through, Marketplace. Items received by or sold through Marketplace after these Terms have been modified will be subject to the then-current version of these Terms.
7. Indemnification and Release
You will indemnify and defend Marketplace and its parents, subsidiaries, and affiliates, and each of their respective members, managers, employees, agents, successors, and assigns against any first-party or third-party claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including court costs and attorney's fees, arising from or related to (i) your submission of Items to or purchase of Items through Marketplace; (ii) your breach or alleged breach of these Terms; or (iii) any actual or alleged wrongful or negligent act or omission by you or anyone acting on your behalf. In the event that you have a dispute with any third party (such as a payment processor or third-party website), you release Marketplace (and our officers, directors, parent, subsidiaries, joint venturers, and representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
8. Limitation of Damages
In no event will Marketplace or its members, managers, employees, or agents be liable to you or any third party for indirect, incidental, special, punitive, or consequential damages, even if Marketplace was advised of the possibility of such damages, or for any loss of revenue, data, or profits arising out of the submission, sale, or purchase of your Items.
9. Governing Law; Choice of Forum
These Terms will be governed by, construed, and enforced in accordance with the laws of the State of Oregon, excluding its conflict of laws principles. Any lawsuit relating to these Terms must be brought in the federal courts located in Portland, Oregon or the state courts located in Multnomah County, Oregon.
Marketplace’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Marketplace may assign any or all rights and obligations to third parties at any time. Marketplace will not be responsible or liable for any loss, damage, delay, or failure to act resulting from any cause beyond Marketplace’s reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Marketplace as a result of these Terms.