Terms and Conditions for Collectibles Central
- Seller refers to the party to whom the order for purchase has been given.
- Client refers to the person or organization placing the order.
- Goods or services refer to the product for which the seller has placed an order with the client.
- The terms and conditions are valid for any goods or services provided by the Seller to the Client.
- The pricing, quantity of goods and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates.
- All invoices of the Seller shall be paid by the Client within fifteen (15) days of the date of invoice unless otherwise agreed in writing by the Seller. In the event of late payment, the Seller may charge interest on the amount outstanding before and after judgement. Alternatively, for invoices unpaid 30 days after the due date, the Seller may impose a surcharge equal to 2.5% of the outstanding amount.
- If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
- Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
- All fees are exclusive of value added taxes which will be added to invoices where appropriate.
- The Seller reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
- Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
- If an order is, at the Client's request, sent electronically, the time recorded on the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb - electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic despatch prove inconvenient.)
Cancellation / Returns
- In view of the nature of the service, any order - once confirmed by the Company - is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
- By listing an item, the seller represent and warrants to prospective buyers that they have the right and ability to sell, and that, to the best of their ability, the listing is accurate, current, and complete and is not misleading or otherwise deceptive. If for any reason an item is out-of-stock, and the seller must notify the buyer and promptly refund any payment received.
- A seller who receives and processes payment, whether Paypal, credit card, or other means of payment, is obligated to deliver the merchandise in the advertised grade at the advertised price in a timely manner. Except as otherwise agreed, sellers must accept the return of any merchandise postmarked within 7 calendar days of buyer's receipt of the merchandise in exchange for a full refund. Returned merchandise must be in the same condition as when it was sent.
- All written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.
Loss or Damage to Goods
- The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
- The software and source codes used on this Web site are the intellectual property of Collectibles Central. Any modification or attempt to modify or acquire this Web site through duplication, transfer, reverse engineering, dis-assembly, or otherwise is prohibited. Users may not create derivative works from this Web site. Users may not attempt to access or duplicate the software available through the Collectibles Central Web site in an attempt to sell or transfer any rights in such software.
- The trademarks and service marks found on the Collectibles Central Web site are property of Collectibles Central, whether registered or unregistered. Collectibles Central does not grant you permission to use these trademarks or service marks. You should not interpret anything in this Web site as granting a license or right in these trademarks. Licenses should not be considered granted on theories of implication.. The "Collectibles Central" logo and the trademark "Collectibles Central" may not be used in any way without express written permission from Collectibles Central.
- Any content contained within this Web site is covered by Collectibles Central's registered copyright. Collectibles Central does not release its legal copyrights in any way, either by implication, estoppel or otherwise. Any attempt to modify or subvert the content of this Web site is a violation of Collectibles Central's copyright. This copyright extends to the software programs and the source codes contained within this Web site
Usage of Goods or Services
- Unless agreed and indicated in writing by the Company, the Client (and their clients) shall be entitled to use the services and materials provided (i.e. the samples) only for the purpose of conducting market research to be carried out in conformity with the recognized ESOMAR/MRS Code of Conduct of the market research industry. The Client shall not otherwise be entitled to store, pass on (whether to his/her client or other person) or use these services and materials.
- The Client shall bear responsibility for ensuring that all usage of information contained within any samples is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.
- Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.
Employment of Personnel
- Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.
- The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an "as-is" basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
- The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
- Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.
Limitation of Liability
- The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
- Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
- The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.
- You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or any transaction conducted on our Web site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. The Web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained herein without our prior written consent. You agree that you will not use any device, software or routine to interfere with the proper working of the Web site.
- Collectibles Central reserves the right, at its sole and absolute discretion, to terminate your access to all or part of the Web site at any time, or to discontinue temporarily or permanently providing the Collectibles Central online auction services, with or without notice.
- You and Collectibles Central desire to facilitate certain transactions pursuant to these Terms and Conditions by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by Collectibles Central and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of North Carolina.
Amendment of Terms and Conditions
- Collectibles Central has the right to amend these Terms and Conditions at any time. Any amendment will be accomplished by updating the pages you are looking at now. Please visit this page periodically in order to monitor any changes that may have been made to these Terms and Conditions, particularly before you participate in an auction. Every time you use this Web site, you are agreeing to the Terms and Conditions as they exist at that time.
Choice of Law and Forum
- These Terms and Conditions are governed by the federal laws of the United States of America and the laws of the state of North Carolina. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Web site shall be filed only in the state or federal courts located in Durham County, North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigation any such claim or action.