CollectibleXchange Auction Rules

COLLECTIBLEXCHANGE AUCTIONS FAQ's, RULES, TERMS, AND CONDITIONS 

* PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO SUBMITTING A BID IN THE AUCTION. PLACING A BID CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. *
AM I REQUIRED TO HAVE A COLLECTIBLEXCHANGE AUCTIONS

ACCOUNT TO SUBMIT A BID?
Yes, in order to bid, a customer must first have an account with CollectibleXchange Auctions. Click the small "person” image in the top right corner of the header to create an account.  Once you are logged in to your account, you can enter a bid on an item. There is no registration fee associated with creating an account, and you do not need to enter any credit card information to register. Only those bidders who win the auction must provide their credit card information.

WHEN DOES BIDDING OPEN?
Assuming that you have created an account and are logged in to CollectibleXchange Auctions, you may begin bidding as soon as the auction goes live.  Once a bid is placed, it may not be retracted for any reason.

HOW DOES THE BIDDING PROCESS WORK?
All bids must be submitted online through the CollectibleXchange Auctions bidding system. There is no other method of placing a bid. Each auction item will have a starting bid as posted in the listing. All bids must be expressed in United States Dollars. The incremental amount between bids will be stated on individual product pages.
The CollectibleXchange Auctions online auction system is a “specific bid” system. In this bidding system, when a customer enters a bid amount, that amount is the amount that he or she agrees to pay for the item. Once a customer submits a bid for the desired bid amount (in increments listed on the individual product pages), the bid cannot be retracted for any reason. If another customer bids on the same item, then that newly placed bid is now the top bid. Any customer may enter a bid at any time during the auction’s duration, and a customer may place a higher bid on top of their own current winning bid if he or she desires. At the time the auction closes, the customer with the final highest bid will win the auction item.  We reserve the right to accept or refuse any and all bids. Title shall not pass to the successful bidder until all invoices are paid in full. It is the responsibility of the buyer to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.

WHAT AM I RESPONSIBLE FOR IF I HAVE THE WINNING BID?
By submitting a bid, the customer acknowledges and agrees to enter a legally binding contract to purchase the auction item from CollectibleXchange Auctions. The customer is responsible for reading the full item listing, bidding instructions, accepted payment methods, and for paying the full bid amount as well as any applicable shipping, handling, and tax charges associated with the purchase. The customer with the winning bid is bound by this contract to pay for the auction item at the final winning bid price.
Immediately upon the close of the auction, the winning bidder will be sent an email with an invoice in the amount of the winning bid expressed in United States Dollars. THE WINNING BIDDER MUST SUBMIT THEIR CREDIT CARD INFORMATION WITHIN FIVE (5) DAYS OF RECEIPT OF THE INVOICE IN ORDER TO MAINTAIN THE WINNING BID. If the winning bidder fails to submit payment through the invoice within five (5) days following receipt of the invoice, we will contact the second-place bidder. At that time, the second-place bidder will be considered the winner of the auction, and the above steps will be followed with the second-place bidder.
The customer that wins the auction must submit their credit card information online after receiving an electronic invoice by email. By entering his or her credit card information, the winning customer is authorizing CollectibleXchange Auctions and its designees to charge his or her credit/debit card in accordance with the payment terms outlined in these terms and conditions, or as otherwise agreed upon by the parties hereto, for the item(s) reflected on the auction item invoice.

WHAT IS THE DIFFERENCE BETWEEN A “RESERVE” AND “NO RESERVE” AUCTION?
All auction items are presumed to have a “Reserve Price” unless explicitly stated otherwise. The "Reserve Price" is the minimum price that CollectibleXchange Auctions accepts for any given auction item. If the Reserve Price has not been met at the conclusion of bidding, there is no winner in the auction and no sale has occurred. If a bidder places a bid in excess of the Reserve Price, that bid will be binding, and the bidder will be legally bound to purchase the item if they are the winner.
CollectibleXchange Auctions may lower the Reserve Price at any time prior to the completion of a sale. In a Reserve auction, we may withdraw the item at any time before the completion of a sale. In a No Reserve auction, we may withdraw the item if no bids have been placed within twenty-four (24) hours.

HOW MUCH WILL I BE CHARGED FOR SHIPPING?
Shipping and tax charges will be calculated based on the winning bidder's shipping address, unless otherwise specified. Receiving time will vary based on shipping address.

HOW CAN I ENSURE THE ITEM’S AUTHENTICITY?
Each piece of memorabilia available for auction is collected, and examined by CollectibleXchange Auctions to insure authenticity.  CollectibleXchange Auctions will be the final judge of the authenticity of each and every piece it sells. We are not bound by the opinion of Third Party authenticators.

CAN I RETURN AN AUCTION ITEM?
Due to the collectible and valuable nature of the auction memorabilia, the items are non-returnable and there are no refunds. This policy is in place to ensure and uphold the integrity and authenticity of all memorabilia listed in the auction. All sales are final.

CHOICE OF LAW
Any and all disputes or conflicts arising between the Bidder and CollectibleXchange Auctions and/or out of this agreement shall be decided under the law of New York. Bidder consents to personal jurisdiction in the State of New York, New York County and agrees that exclusive jurisdiction and proper forum and venue reside within the State of New York, New York County and/or the Federal District Court of New York at the discretion of CollectibleXchange Auctions. In the event of a dispute, the bidder agrees to pay all of CollectibleXchange Auctions reasonable attorney’s fees and cost involved in collection of funds, plus 1.5% interest per month on any unpaid balance, accruing from the original due date, until the date all balances are paid.

AUCTION EXTENDED BIDDING
Extended Bidding & "15-Minute Rule": All lots will remain open until the official close of the auction. At 10:00 PM Eastern Time, the extended bidding period will begin. The 15-Minute Rule (extended bidding period) means that starting at 10:00 PM EST on the last day of the auction, the items will close only if no bids were placed 5 minutes before the auction close time. If any item was bid on 5 minutes prior to the close of the auction it will go into extended bidding.   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.

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 15%.  

ACCEPTANCE OF CONDITIONS
Placement of a bid in this auction constitutes acceptance of these terms and conditions.

TERMS OF USE
This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("User") and CollectibleXchange.com that governs your use of this website. By utilizing this CollectibleXchange.com website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.
CollectibleXchange may amend these terms and conditions at any time. User's continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

PRIVACY
CollectibleXchange may collect information about the Users of its websites. Collection of this information is governed by the CollectibleXchange Privacy Policy.
ORDER ACCEPTANCE AND VALIDATION
After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address.
We will contact you (via email or phone) if additional information is required to accept your order.
Invalid order information will result in delays processing your order.
We reserve the right to refuse or cancel any order you place with us, and/or to limit quantities on any order, without giving any reason. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled.

USER CONDUCT
User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this website are the property of a Released Party unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without prior written permission from the applicable Released Party of such property.

LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT NO RELEASED PARTY SHALL NOT LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF ANY RELEASED PARTY. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES
No Released Party makes any warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does any Released Party make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, COLLECTIBLEXCHANGE PROVIDES THIS SITE CONTENT "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ANY RELEASED PARTY NOR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

VENUE AND GOVERNING LAW
This Agreement and the relationship between User and CollectibleXchange shall be governed by and construed in accordance with the laws of the State of Indiana. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Marion County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.  Discount codes cannot be used on auction items.

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